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M SYSTEM FOOD STORES v. SMITH

No. 10414.

293 S.W.2d 215 (1956)

M SYSTEM FOOD STORES, Inc., Appellant, v. Lawrence SMITH, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied August 8, 1956.

Attorney(s) appearing for the Case

Kerr & Gayer, San Angelo, McDonald & Shafer, Odessa, for appellant.

W. J. Durham, Dallas, for appellee.

HUGHES, Justice.

Lawrence Smith, appellee, sued M System Food Stores, Inc., Melvin James and others for damages, actual and exemplary, resulting from an alleged assault and battery and an unlawful arrest.

Trial was to a jury which made unfavorable answers as to both M System and James, however, appellee requested that no judgment be rendered against James but only against M System. This request was granted.

The validity of the judgment primarily depends...

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