From Casetext: Smarter Legal Research

Thomas v. American B. L. Ass'n

Court of Civil Appeals of Texas, Dallas
Apr 7, 1934
70 S.W.2d 757 (Tex. Civ. App. 1934)

Opinion

No. 11752.

April 7, 1934.

Error from District Court, Dallas County; W. M. Taylor, Judge.

Suit between T. L. Thomas and the American B. L. Association. To review the judgment, the first-named party brings error.

Affirmed.

Oren Parmeter, of Dallas, for plaintiff in error.

John C. Read and Earl A. Forsythe, both of Dallas, for defendant in error.


The record and statement of facts only were filed in this case. There are no assignments of error and no brief filed for plaintiff in error. Thus, it is within the discretion of this court to examine the record and statement of facts and, if no fundamental error is apparent, to affirm the judgment. Haynes v. Radford Co., 118 Tex. 277, 14 S.W.2d 811.

The record discloses that the judgment rendered by the lower court was on agreement; therefore, all errors committed before its rendition, not going to the court's jurisdiction, are waived, and this court will not take notice of any such errors. Posey v. Plains Pipe Line Co. (Tex.Civ.App.) 39 S.W.2d 1100; Hubbard v. Trinity State Bank (Tex.Civ.App.) 48 S.W.2d 379.

Defendant in error has filed a brief under Court of Civil Appeals rule No. 39, requesting affirmance of the trial court's judgment, necessitating only the search of the record for fundamental errors. The record has been examined to determine whether any fundamental error is shown, which would prevent the affirmance of the judgment below; none appearing, the judgment of the trial court is affirmed.

Affirmed.


Summaries of

Thomas v. American B. L. Ass'n

Court of Civil Appeals of Texas, Dallas
Apr 7, 1934
70 S.W.2d 757 (Tex. Civ. App. 1934)
Case details for

Thomas v. American B. L. Ass'n

Case Details

Full title:THOMAS v. AMERICAN B. L. ASS'N

Court:Court of Civil Appeals of Texas, Dallas

Date published: Apr 7, 1934

Citations

70 S.W.2d 757 (Tex. Civ. App. 1934)

Citing Cases

Federal Underwriters Exchange v. Husted

Such error is, we think, not shown and the judgment of the district court should be affirmed for the reasons…

Alexander v. Alexander

'A stipulation by the parties to an action as to the nature and terms of the judgment to be entered…