(Download) "Ollie B. Collora v. Franklin R. Navarro" by Second District, Fort Worth Court of Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Ollie B. Collora v. Franklin R. Navarro
- Author : Second District, Fort Worth Court of Appeals of Texas
- Release Date : January 29, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
The question presented for our decision in this case is a narrow one. The substantive legal issue is whether or not a directed verdict may be based on the uncontradicted testimony of a party to the lawsuit. To pose the question in its precise factual context, did the testimony of Ollie Collora, plaintiff below and petitioner here, establish as a matter of law one element (I. e., a present agreement to be husband and wife) of a common-law marriage between herself and Joe Collora when the other elements of such a marriage were conclusively proven by evidence other than her testimony? The trial court ruled in favor of Mrs. Collora by granting her motion for directed verdict. The court of civil appeals, with one member dissenting, reversed and remanded the cause. 566 S.W.2d 304. We agree with the action of the trial court and accordingly reverse the judgment of the court of civil appeals, but for reasons stated below, remand the cause to the trial court for rendition of a proper judgment.
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