Harrison v. Chesshir
| Decision Date | 28 January 1959 |
| Docket Number | A-7082 |
| Citation | 159 Tex. 359,320 S.W.2d 814 |
| Parties | Mrs. Anna Bell (Lay) HARRISON et vir, Petitioner, v. Herbert CHESSHIR et al., Respondent. No |
| Court | Texas Supreme Court |
Calloway Huffaker, Tahoka, by Harold Green, Tahoka, for petitioner.
Morgan L. Copeland, County Atty., Terry County, Brownfield, Hackney & Crawford, Brownfield, for respondent.
The petitioner, Mrs. Anna Bell (Lay) Harrison, had before the Court of Civil Appeals points of error asserting that there was no evidence to support the findings of the jury made the basis of the judgment against her, and also points of error asserting that the findings were so against the overwhelming weight and degree of the evidence as to be manifestly wrong and unjust.
The Court of Civil Appeals, after reviewing only the evidence in support of the jury's findings, overruled all such points under a rule of law stated by it as follows: 316 S.W.2d 912.
The rule of law applied by the Court of Civil Appeals in deciding the 'no evidence' points is correct one, but it is an incorrect one for deciding the 'insufficient evidence' points. In applying the quoted rule to the latter type of points the opinion of the Court of Civil Appeals is in direct conflict with the opinion of this Court in In re King's Estate, 150 Tex. 662, 244 S.W.2d...
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