Miller v. Texas General Agency Co.

Court of Appeals of Texas

Miller v. Texas General Agency Co.

141 S.W.2d 441, 1940 Tex. App. LEXIS 449

CourtCourt of Appeals of Texas

DecidedMarch 27, 1940

DocketNo. 10715

StatusPublished

Cited by4 cases

This text of 141 S.W.2d 441 (Miller v. Texas General Agency Co.) 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

Miller v. Texas General Agency Co., 141 S.W.2d 441, 1940 Tex. App. LEXIS 449 (Tex. Ct. App. 1940).

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Opinion

SMITH, Chief Justice.

This is purely a fact case, tried to the court without a jury. The trial judge filed no written findings of fact, nor conclusions of law, and none was requested. In such case it will be presumed that the trial court found every fact necessary to sustain the judgment, and such facts will be given effect in determining the appeal, if supported by any evidence. We cannot say upon the record that there was no evidence to support the presumed findings, and the judgment must therefore be affirmed.

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SMITH, Chief Justice.

This is purely a fact case, tried to the court without a jury. The trial judge filed no written findings of fact, nor conclusions of law, and none was requested. In such case it will be presumed that the trial court found every fact necessary to sustain the judgment, and such facts will be given effect in determining the appeal, if supported by any evidence. We cannot say upon the record that there was no evidence to support the presumed findings, and the judgment must therefore be affirmed.

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Bluebook (online)

141 S.W.2d 441, 1940 Tex. App. LEXIS 449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-texas-general-agency-co-texapp-1940.

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