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· 7/1/1870

Harwood v. Blythe

Citations

  • 32 Tex. 800

Syllabus

<p>1— A demurrer to evidence is a demurrer to the competency of the evidence, and admits it to he sufficient if competent. All, therefore, that a judge can decide upon a demurrer to evidence is, whether any competent evidence was given or not.</p> <p>2— When there was competent evidence adduced in support of the allegations made in the petition, it was error to sustain a demurrer to the evidence.</p> <p>3— When the court below has erroneously sustained a demurrer to the evidence adduced by the plaintiff in support of his petition, and has thereupon rendered judgment in favor of the defendant, this court, in reversing the judgment on appeal, will proceed farther and render such judgment for the plaintiff as should have been rendered by the court below.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a rejection notice filed by an illiterate employee was not voluntary because he did not understand the nature and consequences of his actions
  • holding that a rejection notice filed by an illiterate employee was not voluntary because he did not understand the nature and consequences of his actions

Source: CourtListener parenthetical corpus (CC0).

Judges: Morrill

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.