[DOWNLOAD] "Englander Co. v. Jack G. Kennedy" by Supreme Court of Texas No. B-830 " Book PDF Kindle ePub Free
eBook details
- Title: Englander Co. v. Jack G. Kennedy
- Author : Supreme Court of Texas No. B-830
- Release Date : January 29, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
In this case the trial court rendered judgment for the plaintiff and made findings of fact and conclusions of law in support
of its judgment. On appeal to the court of civil appeals, defendant, Englander Co., contended that a vital fact finding of
the trial court was not supported by the evidence. The court of civil appeals affirmed. 424 S.W.2d 305. Two of the defendants
have filed applications for writs of error in this court. In perfecting the record for appeal, the defendants requested and filed only a partial statement of facts consisting of documentary
evidence admitted at the trial. Some of the documents admitted at the trial were not designated by the defendants to be included
in the statement of facts, but these were included at the request of the plaintiff. No party requested that other evidence
taken at the trial be transcribed into the statement of facts. The plaintiff did not stipulate that the partial statement
of facts constituted an agreed statement. Tex. Rules Civ. Proc. 375, 377, and 378. The court of civil appeals held that "[in]
the absence of a complete statement of facts there is no way for us to examine the whole record to determine whether there
is any evidence to support the court's findings and conclusions. With only a partial statement of facts before us we must
presume that there was evidence to support the court's findings." We approve the holding of the court of civil appeals although
Tex. Rules Civ. Proc. 377(c) has been interpreted as requiring a different result. See Advisory Opinions of the Subcommittee
on Interpretation of the Texas Rules of Civil Procedure, 5 Tex.B.J. 236 (1942), 5 Tex.B.J. 428 (1942), 8 Tex.B.J. 17 (1945),
8 Tex.B.J. 27 (1945); and Stayton, Analysis of Texas Changes, 4 Tex.B.J. 667 (1941).