Opinion

Reeves v. Fuqua

  • 277 S.W. 418
Court
Court of Appeals of Texas
Filed
Oct 28, 1925
Status
Published
Author
Randolph
On the bench
Randolph, Jackson
Cited by
5 cases
Authority
More cited than 1.8%

The opinion

On Motion for Rehearing.

RANDOLPH, J.

We have concluded that we erred in holding that limitation had run. against the claim of Thelma Boswell and Sim Revees. The proof of their ages was not shown by any pleading, and was only shown by the recitals in an exhibit attached to plaintiffs’ petition and pleaded for an entirely different purpose, and upon an entirely different issue. Freiberg v. Magale, 70 Tex. 118 , 7 S. W. 684 ; Burks v. Watson, 48 Tex. 107, 115 .

For this reason we withdraw that portion of our opinion and holding, and, as the other holdings sustain the action of the trial c'ourt in dismissing the case, we overrule the appellants’ motion for rehearing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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