74 S.W.2d 720 | Tex. App. | 1934
On December 27, 1932, W. W. Gibbs and six other "gold note" holders filed in this cause in the trial court their plea of intervention, adopting the pleading of Miller et al., the nature of which sufficiently appears in the report of a companion case in
Again it has been said: "In the case of Chapman v. Sneed,
There is no pretension that "no evidence was introduced at the hearing." Instead, the opposite assumption is made the premise of contentions in appellants' brief, notably that a jury should have passed on the evidence. This record should affirmatively show, either (1) that no evidence was heard, or (2) that certain recitals of facts claimed now to be the sole basis of the court's judgment constituted all the evidence in the case.
Finally, we call attention to the recent case of Price et al. v. Rushing et al. (Tex.Civ.App.)
"The judgment of the court contains certain fact findings. These do not show that the judgment of the court is erroneous. Nor do the findings so recited purport to be all the findings authorized by the evidence.
"In Chapman v. Sneed,
"This announcement of the law has been consistently followed by the courts of this state. Gillette v. Davis (Tex.Civ.App.)
The court had the power to render the judgment found in the record. We have perceived no fundamental error.
The judgment is affirmed.