Glenn v. Steele

• Decision Date: 26 May 1933
• Docket Number: No. 19596.,19596.
• Citation: Glenn v. Steele, 61 S.W.2d 810, 141 Tex. 565 (Tex. 1933)
• Parties: GLENN v. STEELE et al.
• Court: Texas Supreme Court

61 S.W.2d 810

GLENN v. STEELE et al.

No. 19596.

Supreme Court of Texas.

May 26, 1933.

Error to Court of Civil appeals of Eleventh Supreme Judicial District.

Suit by Dr. R. P. Glenn against Wallace Steele and another. To review a judgment of the Court of Civil Appeals (57 S.W.(2d) 908), reversing a judgment of the District Court in favor of the plaintiff, and rendering judgment for the defendant, the plaintiff made application for a writ of error.

Application dismissed.

Kirby, King & Overshiner and Frank E. Smith, all of Abilene, for plaintiff in error.

J. B. Lewright, of San Antonio, and Cunningham & Oliver, of Abilene, for defendants in error.

PER CURIAM.

The facts and issues of this case are fully stated in the opinion of the Court of Civil Appeals, 57 S.W.(2d) 908.

The suit, which is based on fraud, was filed in the district court of Taylor county, Tex., by Dr. R. P. Glenn against Wallace Steele and Delaware Punch Company of America, a corporation. Trial in the district court with a jury resulted in a verdict and judgment for Dr. Glenn. On appeal the Court of Civil Appeals reversed this judgment and rendered judgment for the defendants. Dr. Glenn brings error.

We dismiss this application for want of jurisdiction (dismissed W. O. J.), by authority of article 1728, R. C. S. 1925, as amended (Vernon's Ann. Civ. St. art. 1728), because we believe that the evidence shows as a matter of law that the alleged fraud made the basis of the recovery herein sought by Dr. Glenn was discovered by him more than two years prior to the...