# Brown v. Westerfeld

> Court of Appeals of Texas · April 29, 1939 · 129 S.W.2d 451

URL: https://www.frixlaw.com/law-library/cases/3982107

## Case

- **Full name:** Brown v. Westerfeld.
- **Court:** Court of Appeals of Texas
- **Decided:** April 29, 1939
- **Citations:** 129 S.W.2d 451; 1939 Tex. App. LEXIS 702
- **Precedential status:** Published
- **Opinion:** Addendum
- **Judges:** Bond
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3982107

## Opinion text

On Motion for Rehearing.
PER CURIAM.
In answer to the query of defehd-ant in error, his motion to dismiss this appeal was considered and overruled, though not directly stated; and the assignments and propositions of plaintiff in error were considered upon their merits, as in sufficient compliance with the procedural statutes and rules relative to briefing cases. Arts. 1757, 1844, as amended, Vernon’s Ann.Civ.St. arts. 1757, 1844; Rule 71a For District and County Courts ( 99 S.W.2d xxx ); Stillman v. Hirsch, 128 Tex. 359 , 99 S.W.2d 270 . The appeal being predicated upon alleged error in granting peremptory instruction, the assignments of error complaining of this were necessarily general, but were followed by appropriate propositions, statements, citation of authorities and argument, and were sufficient. Frontroy v. Atkinson, 45 Tex.Civ.App. 324 , 100 S.W. 1023 ; Pelton v. Allen Inv. Co., Tex.Civ.App., 78 S.W.2d 272 (syl. 2). As already pointed out, there are facts . in evidence from which the jury .could have found either way on the defensive pleas of Brown. Defendant in error’s motion for rehearing, after thorough examination, must be overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3982107. Public record. Not legal advice.