HALE v. SCHRAUB

No. 11090.

369 S.W.2d 377 (1963)

Dwight G. HALE, Appellant, v. F. W. SCHRAUB, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied July 3, 1963.


Attorney(s) appearing for the Case

Elbert R. Jandt, Seguin, for appellant.

B. B. Schraub, Seguin, Schleyer, Bartram, Reagan & Burrus, New Braunfels, for appellee.


ARCHER, Chief Justice.

This is an appeal from a judgment, based on a jury verdict, granting the appellee an injunction ordering the removal of a fence erected in a public road.

The appeal is founded on six points assigned as error and are that the Court erred in overruling appellant's exception to the petition because there was no allegation that the road had been legally established, and because appellee did not plead any special damages, and allowing appellee...

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