From Casetext: Smarter Legal Research

Chem Cleaning Inc. v. Chem Clean Equip Service

Supreme Court of Texas
Dec 9, 1970
462 S.W.2d 276 (Tex. 1970)

Summary

In Chemical Cleaning, Inc. v. Chemical Cleaning and Equipment Service, Inc., 462 S.W.2d 276, 277 (Tex. 1970), the supreme court said "[h]ence, a point of error which states that the trial court erred in rendering judgment on a verdict because of the state of the evidence — if it is adequate for any purpose — is only a 'no evidence' point."

Summary of this case from Pool v. Ford Motor Co.

Opinion

No. B-2338.

October 21, 1970. Rehearing Denied December 9, 1970.

Appeal from the 136th District Court, Jefferson County, Harold R. Clayton, J.

Gordon R. Pate, Beaumont, for petitioner.

William E. Townsley, Beaumont, Donald B. Moye, Nederland, for respondents.


The opinion of the court of civil appeals is reported in 456 S.W.2d 724. We refuse writ of error, no reversible error. In so doing, we are not to be understood as approving the form of the point of error suggested by the court of civil appeals for presenting a contention that a jury's answer to a special issue is so against the great weight and preponderance of the evidence as to be manifestly unjust. A trial court may commit error in overruling a motion for new trial because vital jury findings are contrary to the great weight and preponderance of the evidence, but it does not for that reason commit error in rendering judgment on the verdict. Hence, a point of error which states that the trial court erred in rendering judgment on a verdict because of the state of the evidence — if it is adequate for any purpose — is only a 'no evidence' point. Cf. Travelers Insurance Company v. Williams, 378 S.W.2d 110 (Tex.Civ.App. — Amarillo 1964, writ ref'd, n.r.e.).


Summaries of

Chem Cleaning Inc. v. Chem Clean Equip Service

Supreme Court of Texas
Dec 9, 1970
462 S.W.2d 276 (Tex. 1970)

In Chemical Cleaning, Inc. v. Chemical Cleaning and Equipment Service, Inc., 462 S.W.2d 276, 277 (Tex. 1970), the supreme court said "[h]ence, a point of error which states that the trial court erred in rendering judgment on a verdict because of the state of the evidence — if it is adequate for any purpose — is only a 'no evidence' point."

Summary of this case from Pool v. Ford Motor Co.

In Chemical Cleaning Inc. v. Chemical Cleaning and Equipment Service, Inc., 462 S.W.2d 276 (Tex. 1970), the Supreme Court made it abundantly clear that a point of error asserting "the trial court erred in rendering judgment" — if adequate for any purpose — was sufficient to raiseonly a no evidence point.

Summary of this case from BLUBONET EXP v. EMPLRS INS WAUSAU

In Chemical Cleaning, Inc. v. Chemical Cleaning Equipment Service, Inc., 462 S.W.2d 276 (Tex. 1970) the supreme court held that a point of error alleging the trial court erred in "entering judgment" constituted a "no evidence" point.

Summary of this case from Sebesta v. Stavinoha
Case details for

Chem Cleaning Inc. v. Chem Clean Equip Service

Case Details

Full title:CHEMICAL CLEANING, INC., Petitioner, v. CHEMICAL CLEANING EQUIPMENT…

Court:Supreme Court of Texas

Date published: Dec 9, 1970

Citations

462 S.W.2d 276 (Tex. 1970)

Citing Cases

BLUBONET EXP v. EMPLRS INS WAUSAU

This particular catch phrase has caused trouble in the past. The origin of all the mischief is Chemical…

Nationwide Horse Carriers, Inc. v. Johnston

These points of error, and Nationwide's related assignments in its amended motion for new trial in the trial…