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RANDAL v. RUTHERFORD

No. 18150.

577 S.W.2d 368 (1979)

C. M. RANDAL et al., Appellants, v. Mary RUTHERFORD et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied March 1, 1979.

Attorney(s) appearing for the Case

D. J. Brookreson, II, Seymour, for appellants.

Jennings, Montgomery, Dies & Turner and Elton M. Montgomery, Graham, for appellees.

OPINION

MASSEY, Chief Justice.

The appeal reaches this court from a summary judgment upon the pleadings granted upon motion of defendants.

We reverse the judgment and remand the cause.

Here there is similarity to a case reaching the appellate court under the former general demurrer practice. Then, when there was sustained a general demurrer to a plaintiff's pleading, there could be an appeal to rest its sufficiency to state a cause of action...

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