Hollimon v. Griffin

Citations

• 37 Tex. 453

Syllabus

<p>1. When the plaintiff’s evidence is verbal, and the defendant demurs to it, the latter must admit not only the facts proved by the evidence, but also every material fact which it tends to prove.</p> <p>3. A demurrer to evidence is to its competency, not to its sufficiency, and the only question for the judge to decide is whether or not any competent evidence has been offered.</p> <p>3. The ruling in Harwood v. Blythe, 32 Texas, 800, approved—to the effect that when this court reverses a judgment rendered below on a demurrer to evidence, it will proceed to render such judgment as should have been rendered below. This ruling is based on the hypothesis' that the defendant, by demurring to the evidence, confessed its truth, and waived his right to have a jury pass upon it.</p>