Echols v. Wells
Decision Date | 19 June 1974 |
Docket Number | No. B--4423,B--4423 |
Citation | 510 S.W.2d 916 |
Parties | Hugh T. ECHOLS, Petitioner, v. Von S. WELLS, Respondent. |
Court | Texas Supreme Court |
Byrnes, Myers, Adair, Campbell & Sinex, Ronald G. Byrnes, Houston, for petitioner.
Engel, Groom, Miglicco & Gibson, David A. Gibson and Jerry W. Russell, Houston, for respondent.
This is a suit by Von S. Wells, Respondent here, against H. T. Echols, George B. Harrop and Robert E. Best. As it reaches us, the suit is to recover accumulated run payments from the sale of oil and gas from certain land located in Lea County, New Mexico. Harrop filed an interpleader and paid the accumulated run payments amounting to $12,813.37 into the Registry of the Court. After withdrawing the case from the jury, the circumstances of which occasioned the granting of writ of error, the trial court rendered judgment dismissing Harrop and Best as Defendants, and, as relevant here, ordered recovery by Wells of the interpleaded sum. This was affirmed by the Court of Civil Appeals. 508 S.W.2d 118.
As indicated, writ of error was granted at the instance of Defendant-Petitioner Echols upon his point of error urging that the intermediate court erred in affirming the right of the trial court to withdraw the case from the jury without allowing him opportunity to offer evidence in support of his pleadings. Among other things, Echols alleged that Wells had been acting in a fiduciary capacity for him since he, Echols, had invested approximately $6,000 in what was called the first 'Bagley Well', and that he was entitled to reimbursement in such amount. The error of the trial court in withdrawing the case from the jury was urged by Echols in his motion for new trial and by point of error in the intermediate court. It was the view of the latter court, however, that reversible error could not be established in the absence of a showing, by bill of exception, or other means, of the evidence Wells would have offered. We disagree in view of the sequence of events as recorded in the Statement of Facts:
(Jury in the box.)
THE COURT: Ladies and gentlemen of the jury, Judge Holland probably instructed you it's your duty to pass upon the disputed facts in the case. It's the duty of the Judge to pass upon the law. After hearing the testimony, I decided there is no disputed question of fact which would be determinative of any issue in this case that is necessary for you to pass on. I can therefore discharge you, and I will handle the rest of the case. But I will discharge you, and if you all will report down to the jury assembly room, they will discharge you for the week. Thank you for your services.
(The following took place without the presence of the jury.)
That if testimony on behalf of the plaintiff had been elicited, the following proof would have been made:
Now, on the issue of attorneys' fees, which the parties have agreed would be decided by the Court, the Court sets the attorneys' fees of Mr. Pope,...
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