Mayfield Co. v. Pepper, 2060 - 6856.
| Citation | 103 S.W.2d 737 |
| Decision Date | 14 April 1937 |
| Docket Number | No. 2060 - 6856.,2060 - 6856. |
| Parties | MAYFIELD CO. v. PEPPER et ux. |
| Court | Supreme Court of Texas |
In the trial court plaintiff in error, Mayfield Company, was perpetually enjoined from the enforcement of a judgment foreclosing an attachment lien upon certain land belonging to defendant in error J. W. Pepper on the ground that such land was exempt to Pepper and wife as a homestead. Mrs. Pepper joined her husband as a party plaintiff. The Court of Civil Appeals affirmed the judgment of the trial court. 76 S.W.(2d) 216.
Three assignments of error are contained in the application of Mayfield Company for writ of error. The first one briefed is denominated the third, the second one briefed is denominated the fourth, and the other one, which is not briefed, is denominated the first. The third assignment presents the question that certain instructions in the court's charge, hereinafter set out, constituted a general charge improper to be given in a case submitted upon special issues. The fourth assignment complains that the same instructions were upon the weight of the evidence, inasmuch as the language therein employed assumed that the property involved had at one time been the homestead of the Peppers. We have determined that the third assignment presents reversible error and need not, therefore, consider the fourth, since the instructions will not be repeated upon another trial. The other assignment, not being briefed, need not be set out or discussed.
The opinion of the Court of Civil Appeals makes no mention of the questions presented by any of the assignments brought forward here, but discusses only the sufficiency of the evidence to support the jury finding.
The court's main charge submitted but one issue, as follows:
That issue was answered in the affirmative. Following the issue were these instructions:
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Breeding v. Naler, 1950.
...to be error for the court to give a general charge on the law of the case where same is submitted upon special issues. Mayfield Company v. Pepper, 129 Tex. 307, 103 S. W.2d 737, 738, par. 1; 41 Tex.Jur. p. 1181, §§ 325, 326, and authorities cited in notes thereto. It is provided by statute ......
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Humble Oil & Refining Co. v. Owings
...are usually numerous here because of the complexity of the fact of locating the point or line." In the recent case of Mayfield Co. v. Pepper, 129 Tex. 307, 103 S.W.2d 737, the question before the trial court was whether or not certain property was the homestead of one of the parties at a gi......
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Ames v. Williamson
...Inc. v. Reich, Tex.Com.App., 260 S.W. 162, 163, par. 6; Connellee v. Nees, Tex.Com.App., 266 S.W. 502, 503, par. 4; Mayfield Co. v. Pepper, 129 Tex. 307, 103 S.W.2d 737, pars. 1 and 2; Vetter v. Nicholson, Tex. Civ.App., 106 S.W.2d 1064, pars. 5 and 6; Lamb v. Collins, Tex.Civ.App., 93 S.W.......
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Riley v. Riley
...55 S.W. 312, 313 (1900); Mayfield Co. v. Pepper, 76 S.W.2d 216, 217 (Tex.Civ.App.--Texarkana 1934), rev'd on other grounds, 129 Tex. 307, 103 S.W.2d 737 (1937).23 Carpenter, 849 S.W.2d at 879.24 Fajkus v. First Nat'l Bank of Giddings, 735 S.W.2d 882, 884 (Tex.App.--Austin 1987, writ denied)......