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ATKINS v. GRAVES

No. 16416.

367 S.W.2d 372 (1963)

Elmer ATKINS et al., Appellants, v. T. M. GRAVES, Individually and as Next Friend of Breadley Graves, a Minor, Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied May 10, 1963.

Attorney(s) appearing for the Case

Kelly, Morris & Walker and Jearl Walker, Fort Worth, for appellants.

Harris & Ball, and Chester Ball, Arlington, for appellees.

MASSEY, Chief Justice.

From a judgment for plaintiff, individually and as next friend for his minor son Bradley Graves, defendants Atkins and his driver have appealed.

Judgment reversed and cause remanded for another trial.

At the outset we are confronted with Graves' motion to dismiss the appeal. Foundation of the contention that the appeal should be dismissed lies in Texas Rules of Civil Procedure, rule 329b, "District and County Court Cases", as...

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