Hall Music Co. v. Robinson
Citation | 1 S.W.2d 857 |
Decision Date | 25 January 1928 |
Docket Number | (No. 1037-4946.) |
Parties | HALL MUSIC CO. v. ROBINSON et al. |
Court | Texas Supreme Court |
Suit by the Hall Music Company against Jim Robinson and others. From an adverse judgment, plaintiff appealed to the Court of Civil Appeals. On question certified from Court of Civil Appeals. Question answered.
Scarborough & Wilson, of Abilene, for appellant.
Stinson, Coombs & Brooks, of Abilene, for appellee.
Certified question from the Court of Civil Appeals for the First Supreme Judicial District. The certificate states the facts, so far as material here, as follows:
The certified question set out in the certificate reads as follows:
"Has this court the authority to consider the assignment as copied in the foregoing statement as an assignment raising the question of the sufficiency of the evidence to support the verdict of the jury?"
The assignment of error set out in the certificate relates to a question of law — that of no evidence to raise the issue of fact that was submitted to the jury. The question of the sufficiency of the evidence to support the finding of the jury under the special issue submitted to them is one of fact. The assignment does not call upon the court to decide the latter question; for this reason the court is not...
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