Gateley v. Humphrey

Court of Appeals of Texas

Gateley v. Humphrey

254 S.W.2d 571, 1953 Tex. App. LEXIS 2133

CourtCourt of Appeals of Texas

DecidedJanuary 16, 1953

DocketNo. 14464

StatusPublished

Cited by2 cases

This text of 254 S.W.2d 571 (Gateley v. Humphrey) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gateley v. Humphrey, 254 S.W.2d 571, 1953 Tex. App. LEXIS 2133 (Tex. Ct. App. 1953).

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Opinion

PER CURIAM.

See 247 S.W.2d 919 for majority opinion in above cause and dissent thereto. After overruling of motions for rehearing herein (first and second) we deemed it advisable to certify a question to our Supreme Court concerning construction of Article 2226, Vernon’s Ann.Civ.St. The Supreme Court on December 3, 1952, see 254 S.W.2d 98, having made answer to the question at issue in the negative, it follows that appellant Gateley should have and recover the further sum of $250 as attorney’s fees. The judgment of the trial court is therefore so reformed and enlarged as to include aforesaid item of attorney’s fees; of a total recovery and rendition of $600 against defendants Humphrey and wife, together with all costs incurred both in Appellate and trial courts.

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PER CURIAM.

See 247 S.W.2d 919 for majority opinion in above cause and dissent thereto. After overruling of motions for rehearing herein (first and second) we deemed it advisable to certify a question to our Supreme Court concerning construction of Article 2226, Vernon’s Ann.Civ.St. The Supreme Court on December 3, 1952, see 254 S.W.2d 98, having made answer to the question at issue in the negative, it follows that appellant Gateley should have and recover the further sum of $250 as attorney’s fees. The judgment of the trial court is therefore so reformed and enlarged as to include aforesaid item of attorney’s fees; of a total recovery and rendition of $600 against defendants Humphrey and wife, together with all costs incurred both in Appellate and trial courts.

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Bluebook (online)

254 S.W.2d 571, 1953 Tex. App. LEXIS 2133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gateley-v-humphrey-texapp-1953.

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