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eBook details

• Title: Paul Smith v. F. E. Dye Et Al.
• Author : Galveston No. 12931 Court of Civil Appeals of Texas
• Release Date : January 11, 1956
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

On Filing of Remittitur. In his motion for rehearing, appellee F. E. Dye has voluntarily offered to remit the sum of $500 being that part of the trial
court's judgment which rests upon the jury verdict responsive to Special Issue No. 72. While we concluded that we were in
a position, under the provisions of Rules 434 and 435, T.R.C.P., to reform and render the judgment in so far as it permits
recovery by said appellee of the sum of $1,660, based upon the verdict responsive to Special Issue No. 70, appellee has also,
in his motion, voluntarily offered to remit such sum of $1,660. He asks that we set aside the judgment entered in conformity
with our original opinion, and reform and affirm the judgment of the trial court in conformity with the tendered remittitur.
Appellee Bulk Barites, Inc., has filed a motion asking that we grant the motion of appellee Dye, and reform and affirm the
judgment accordingly. Numerous authorities in support of the respective motions are cited, including Hill v. Texas, New Mexico
& Oklahoma Coaches, Inc., 153 Tex. 581, 272 S.W.2d 91, 92.

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