Mamie Banks v. T. C. Collins

Summary

The Texas Supreme Court answered three certified questions concerning the proper evidentiary standard on a plea of privilege and the burden of proof for venue. It held that the trial court’s implied finding is supported if, after discarding adverse evidence and crediting favorable evidence, a fact-finder could find for the plaintiff; it clarified the appellate court’s duty to affirm or reverse based on the weight of evidence; and it answered that the trial court’s judgment should not be reversed on the basis of disregarding evidence favorable to the defendant.