[DOWNLOAD] "Dazey v. Dazey" by Galveston No. 12638 Court of Civil Appeals of Texas " Book PDF Kindle ePub Free
eBook details
- Title: Dazey v. Dazey
- Author : Galveston No. 12638 Court of Civil Appeals of Texas
- Release Date : January 25, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 46 KB
Description
On Appellant's Motion for Rehearing Upon motion for rehearing appellant has cited cases holding that where a judgment is set aside, the court must grant a new trial. But each of such cases was tried to the jury, and the court had not power to substitute his fact findings for those of the jury. A new trial was required because the fact-finding function was required to be exercised by a jury. The instant case was one in which the court exercised the fact-finding function. In an opinion adopted by the Supreme Court it was held that a court could set aside a judgment and render it for the opposing party at the same term. Said the Court in Blackburn v. Knight, 81 Tex. 326, 332, 16 S.W. 1075, 1078, ""Where it discovers that it has erroneously entered judgment for one party, when it should have rendered it for the other, we think that it has the power, and it is its duty, before the judgment becomes final, to correct the error fully."" See also Kentz v. Kentz, Tex.Civ.App., 209 S.W. 200, and 25 Tex.Jur. 546, 547.