Ogle v. Logue

Court of Appeals of Texas

Ogle v. Logue

404 S.W.2d 339

CourtCourt of Appeals of Texas

DecidedMarch 24, 1966

DocketNo. 4493

StatusPublished

Cited by1 cases

This text of 404 S.W.2d 339 (Ogle v. Logue) 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

Ogle v. Logue, 404 S.W.2d 339 (Tex. Ct. App. 1966).

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Opinion

WILSON, Justice.

Petitioners ask leave to file a petition for writ of mandamus to require the district judge to render judgment sustaining their motion for summary judgment. The latter motion asserted that under our decision reported Thornhill v. Elskes, Tex.Civ.App., 381 S.W.2d 99 there was no genuine issue of material fact under Rule 166-A, Texas Rules of Civil Procedure.

While the Court of Civil Appeals may require the district court to proceed to trial and judgment under Art. 1824, Vernon’s Ann.Civ.St., it may not ordinarily prescribe the judgment to be rendered, particularly where the judgment rendered may be reviewed by appeal. Aycock v. Clark, 94 Tex. 375, 65 S.W. 665; Ben C. Jones & Co. v„ Wheeler, 121 Tex. 128, 45 S.W.2d 957; Thomason v. Seale, 122 Tex. 160, 53 S.W.2d 764; Crofts v. Court of Civil Appeals, Tex. 1962, 362 S.W.2d 101. The motion for leave to file is overruled.

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WILSON, Justice.

Petitioners ask leave to file a petition for writ of mandamus to require the district judge to render judgment sustaining their motion for summary judgment. The latter motion asserted that under our decision reported Thornhill v. Elskes, Tex.Civ.App., 381 S.W.2d 99 there was no genuine issue of material fact under Rule 166-A, Texas Rules of Civil Procedure.

While the Court of Civil Appeals may require the district court to proceed to trial and judgment under Art. 1824, Vernon’s Ann.Civ.St., it may not ordinarily prescribe the judgment to be rendered, particularly where the judgment rendered may be reviewed by appeal. Aycock v. Clark, 94 Tex. 375, 65 S.W. 665; Ben C. Jones & Co. v„ Wheeler, 121 Tex. 128, 45 S.W.2d 957; Thomason v. Seale, 122 Tex. 160, 53 S.W.2d 764; Crofts v. Court of Civil Appeals, Tex. 1962, 362 S.W.2d 101. The motion for leave to file is overruled.

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404 S.W.2d 339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ogle-v-logue-texapp-1966.

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