Green v. Wimer

Court of Appeals of Texas

Green v. Wimer

304 S.W.2d 147, 1957 Tex. App. LEXIS 1917

CourtCourt of Appeals of Texas

DecidedJune 12, 1957

DocketNo. 13205

StatusPublished

This text of 304 S.W.2d 147 (Green v. Wimer) 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

Green v. Wimer, 304 S.W.2d 147, 1957 Tex. App. LEXIS 1917 (Tex. Ct. App. 1957).

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Opinion

POPE, Justice.

L. A. Wimer sued William Olan Green for personal injuries and defendant, using that name, filed a plea of privilege. Green appeals on the single point that the plaintiff failed to identify him as the defendant who drove the car which struck plaintiff. Defendant’s argument is that some of the plaintiff’s proof on the venue hearing was that the defendant was Olan W. Green, rather than William Olan Green. Plaintiff testified that he knew the defendant who struck him, that his true name was William Olan Green, but that he sometimes used the name of Olan W. Green. Identity was established, as found by the trial court.

The judgment is affirmed.

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POPE, Justice.

L. A. Wimer sued William Olan Green for personal injuries and defendant, using that name, filed a plea of privilege. Green appeals on the single point that the plaintiff failed to identify him as the defendant who drove the car which struck plaintiff. Defendant’s argument is that some of the plaintiff’s proof on the venue hearing was that the defendant was Olan W. Green, rather than William Olan Green. Plaintiff testified that he knew the defendant who struck him, that his true name was William Olan Green, but that he sometimes used the name of Olan W. Green. Identity was established, as found by the trial court.

The judgment is affirmed.

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Bluebook (online)

304 S.W.2d 147, 1957 Tex. App. LEXIS 1917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-wimer-texapp-1957.