Guay v. Schneider, Bernet & Hickman, Inc.
This text of 344 S.W.2d 429 (Guay v. Schneider, Bernet & Hickman, Inc.) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
While the opinion of the Court of Civil Appeals, (341 S.W. 2d 461) on the construction of Article 2226, Vernon’s Ann. Civ. Stats., relating to the allowance of attorney’s fees, is strictly in accordance with our holding in Meaders v. Biskamp, 159 Texas 79„ 316 S.W. 2d 75, and although we approve of the other holdings made by the Court of Civil Appeals in its opinion, we may not refuse the application for writ of error because the matter of the construction of Article 2226 was not raised in this court by application for writ of error. The respondent, while unsuccessful upon the attorney’s fees point in the Court of Civil Appeals, filed no application for writ of error in this court. As a consequence, our authority to decide the issue has not been invoked. Accordingly the application for writ of error is refused, no reversible error.
Opinion delivered February 22,1961.
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Cite This Page — Counsel Stack
344 S.W.2d 429, 161 Tex. 560, 4 Tex. Sup. Ct. J. 334, 1961 Tex. LEXIS 699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guay-v-schneider-bernet-hickman-inc-tex-1961.