James v. Eagle Rock Ranch , 1957 Tex. App. LEXIS 1981 ( 1957 )

On Motion for Rehearing

Answering appellees’ contention that it is unfair to permit appellants to object to the hearsay nature of evidence which they agreed to admit we wish to point out that in Muldrow v. Texas Frozen Foods, Tex.Civ.App., 293 S.W.2d 221, reversed Tex., 299 S.W.2d 275, a letter, patently hearsay, was admitted in evidence without objection and was briefed by all parties as evidencing its contents and we acted on it accordingly. Only on rehearing did the appellant claim that our decision was based on incompetent evidence. The Supreme Court, under these circumstances, held the letter to be hearsay and without probative force.

Here appellants have questioned the competency of the hearsay evidence in their brief. If it is not too late on motion for rehearing in this Court to raise the objection of hearsay after such evidence has been weighed by the Court at the instance of all parties then we do not believe the objection made by appellants in their brief is too late.

The motion is overruled.

Motion overruled.