U.S. Court of Appeals for the Fifth Circuit, 1927

Head v. Texas Rawhide Paving Co.

U.S. Court of Appeals for the Fifth Circuit · Decided November 22, 1927

22 F.2d 554; 1927 U.S. App. LEXIS 3382 (Federal Reporter, Second Series)

Counsel

Mark McMahon, of Fort Worth, Tex. (Cantey, Hanger & McMahon, of Port Worth, Tex., on the brief), for plaintiff in error., Hugh B. Smith, of Port Worth, Tex. (Slay, Simon & Smith and Ogden K. Shannon, Jr., all of Port Worth, Tex., on the brief), for defendant in error.

Cases that cite this one

2 later published cases cite this decision.

Richard L. Clay v. Southern Railway Company (5th Cir. 1960)
David J. MacCurdy v. United States (5th Cir. 1957)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

A reversal is sought in this ease because of the overruling of a motion of the plaintiff in error, the defendant below, “to strike out all of the oral evidence,” and because of the action of the court in giving and refusing instructions to the jury. The last-mentioned rulings are not subject to be reviewed, because none of them was excepted to. The above-mentioned motion was made after the admission, without objection, so far as the record shows, of much ■oral evidence, some'at least of which was plainly admissible. Manifestly the overruling of that motion was not reversible error.

No reversible error bein'g shown by the record, the judgment is affirmed.

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