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CITY OF PORT LAVACA v. FISHER

No. 13888.

355 S.W.2d 785 (1962)

CITY OF PORT LAVACA, Texas, Appellant, v. King FISHER et ux., Appellees.

Court of Civil Appeals of Texas, San Antonio.

March 28, 1962.

Attorney(s) appearing for the Case

Keith L. Merrick, Port Lavaca, for appellant.

Guittard & Henderson, Harry F. Maddin, Victoria, for appellees.

MURRAY, Chief Justice.

This suit was instituted by the City of Port Lavaca, a home rule municipality, against King Fisher and his wife, Mary Jewell Fisher, seeking to enjoin an alleged encroachment by the defendants' garage upon an alleged alleyway. The trial was to a jury and resulted in findings by the jury in favor of the City. However, upon motion and notice, the trial court rendered judgment non obstante veredicto in favor of the defendants, and the City has...

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