Cagle v. U.S. Fidelity & Guaranty Company, A-10636

Decision Date21 April 1965
Docket NumberNo. A-10636,A-10636
Citation389 S.W.2d 945
CourtTexas Supreme Court
PartiesClarence L. CAGLE, Petitioner, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Respondent.

Herrick & Tillman, Fort Worth, for petitioner.

Brown, Day & Crowley, Fort Worth, for respondent.

PER CURIAM.

We are not in accord with the holding of the Court of Civil Appeals that Clarence L. Cagle was judicially estopped by former inconsistent testimony. However, the trial court correctly granted judgment notwithstanding the verdict, and the Court of Civil Appeals properly affirmed the judgment. 386 S.W.2d 149. The application for a writ of error is therefore refused, no reversible error.

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3 cases
  • Colonial Refrigerated Transportation, Inc. v. Mitchell
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • December 12, 1968
    ... ...        The appellants have not convinced us that the trial court was in error in any material ... Brown Trailer Division of Clark Equipment Company from whom Gear had purchased the trailers leased ... 939; United States Fidelity & Guar. Co. for Use of Reedy v. American Surety ... , Tex.Civ.App., 1967, 414 S.W.2d 235; Cagle v. United States Fidelity & Guaranty Co., ... ...
  • Maxwell v. Cardinal Petroleum Corp.
    • United States
    • Texas Court of Appeals
    • September 10, 1970
    ...'If a correct decision of the case is made, a wrong reason given by the judge cannot affect it.' Cf. Cagle v. United States Fidelity & Guaranty Company, 389 S.W.2d 945 (Tex.Sup., 1965). Each and all of Maxwell's points of error are overruled and the judgment of the trial court STEPHENSON, J......
  • Cohen's Estate, In re
    • United States
    • Arizona Supreme Court
    • January 30, 1970
    ... ... shares of stock in American Tel and Tel Company, is that correct? ... UNIDENTIFIED WITNESS: The ... may vitiate the effect of the doctrine, Cagle v. United States Fidelity and Guaranty Co ... ...

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