Opinion

Brown v. Spector

  • 70 S.W.2d 478
  • 1934 Tex. App. LEXIS 373
Court
Court of Appeals of Texas
Filed
Mar 29, 1934
Status
Published
On the bench
Wadker, Jusice
Cited by
13 cases

The opinion

On Rehearing.

Our order of reversal included the judgment for $200 awarded appellee Brown as attorney’s fees against appellants-D. Top-litz, New Amsterdam Casualty Company, and W. T. Kenna. The findings of the trial court awarded this attorney's fee as compensation for representing appellee Brown against the claim for damages asserted against him. As the judgment in Brown’s favor was reversed in all respects except as to the damages to the automobile, it follows, of course, that the judgment for the attorney’s fee for the entire defense was without support.

The judgment in favor of appellee Spec-tor does not present the issue of “bias and prejudice” against the trial court. The trial court found the specific facts set out in the original opinion, and. these facts have our approval, since without a brief we are not authorized to search the record to determine their merits. We reversed the judgment of the lower court simply upon the ground that in assessing the damages the trial court applied an incorrect principle of law.

• The motions for rehearing are in all things overruled.

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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