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80 S.W.2d 354

Smith v. Pegram

Court of Appeals of Texas

Decided February 4, 1935

Court of Appeals of Texas · decided 1935-02-04

Relies on Creosoted Wood Block Paving Co. v. McKay

Good law ✅— No negative treatment on recordhow we know

Decided 1935-02-04

How this case has been cited

Cited by 13 later decisions — most recently November 1981

13 state decisions

40193519401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1On Motion for Rehearing.

¶2We do not know what facts were before the trial court which originally entered the judgment against appellee now under attack. We do know that she did not on the trial, as in the McKay Case (Tex. Civ. App.) 241 S. W. 549, supra, urge her disability of coverture. Instead, she filed a general denial, which had the effect of putting in issue the marriage status alleged by appellant. She apparently acquiesced in its rendition, and cannot now, in our opinion, be heard to complain.

¶3A cross-assignment of error appears for the first time in appellee's motion for rehearing to the action of the trial court in sustaining an exception to appellee’s allegations respecting fraud in procuring the aforesaid judgment. The trial court correctly sustained such exception, in our opinion. If not, the appellee has not properly raised such question.

¶4Motion overruled.

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