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FULLER v. BURRAN

No. A-3737.

250 S.W.2d 587 (1952)

FULLER et vir. v. BURRAN et vir.

Supreme Court of Texas.

July 16, 1952.

Attorney(s) appearing for the Case

Camp & Camp, Cameron, for petitioners.

Charles C. Smith, Jr., Cameron, Guy Homer Carriker, Nederland, for respondents.

PER CURIAM.

In this case the Court of Civil Appeals, 248 S.W.2d 1015, 1016, has sustained a point of error which presents the question that a material fact finding of the court was "contrary to a preponderance of the evidence". There was no point presenting the question of no evidence. Instead of remanding the cause to the trial court, the Court of Civil Appeals rendered judgment contrary to the finding. By so doing it fell into...

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