(DOWNLOAD) "Farmer Et Al. v. Denton" by Amarillo No. 6086 Court of Civil Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Farmer Et Al. v. Denton
- Author : Amarillo No. 6086 Court of Civil Appeals of Texas
- Release Date : January 19, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
PITTS, Chief Justice. This is an original proceeding in which relators, Ray Farmer and Clifton Cook, filed a petition for mandamus seeking to compel respondent, Honorable James G. Denton, Judge of the County Court at Law of Lubbock County, to enter a judgment in favor of relators on a jury verdict duly returned into the said court after a trial was had in cause number 5689, styled James G. Morris and State Farm Insurance Companies v. Ray Farmer, d/b/a City Cab Company and Clifton Cook. Relators alleged in a verified petition filed in this court on June 3, 1950, that James G. Morris and State Farm Insurance Companies filed suit in the said court in the said cause against relators as defendants, tendering to relators the sum of $75 and seeking to set aside a compromise settlement and agreement previously made between them and relators because of alleged fraud and also seeking damages from relators by reason of their alleged negligence that resulted in an automobile collision in the City of Lubbock, Lubbock County; that relators joined issues with the said plaintiffs and further alleged that plaintiffs' damages, if any, were caused as a result of the negligence of plaintiff James G. Morris; that on April 27, 1950, the cause proceeded to trial in the said court before the said judge and a jury which resulted in a jury verdict exonerating relators as defendants from any negligence that proximately caused the alleged damages; that the said verdict likewise exonerated plaintiffs of any negligence that proximately caused the damages but that the said jury failed to answer an issue submitted to it on the question of whether or not the automobile collision was the result of an unavoidable accident. Relators further pleaded that the jury found against them on the issues of fraud but such findings were a basis only for setting aside the former agreed settlement and authorizing a hearing on the issues of liability, if any, for the alleged damages. Relators further pleaded that as a result of the trial and verdict of the jury exonerating them from any negligence that proximately caused the damages and therefore exonerating them from liability they were entitled to judgment in their favor and they moved the court for such judgment. They further pleaded that plaintiffs likewise moved for a mistrial on the grounds that the verdict of the jury was conflicting and inadequate for judgment; that after some deliberation respondent, the said trial judge, overruled relators' motion for judgment and sustained plaintiffs' motion for a mistrial and entered a nunc pro tunc judgment after the term of court had expired declaring a mistrial. Relators attached exhibits reflecting the foregoing proceedings to their verified petition filed in this court making them a part thereof, and they are now seeking to have this court, after proper notice and due hearing had, enter its order directing respondent to enter a judgment for them on the said verdict of the jury.