Benson v. Jones
Decision Date | 25 June 1927 |
Docket Number | (No. 802-4831.) |
Citation | 296 S.W. 865 |
Parties | BENSON v. JONES, Chief Justice, et al.<SMALL><SUP>*</SUP></SMALL> |
Court | Texas Supreme Court |
Holland & Moore, of Dallas, for appellant.
Upon proper application therefor, the Supreme Court granted relator the right to file a petition for mandamus. The nature of the petition is made manifest by a quotation therefrom, as follows:
The opinion of the Court of Civil Appeals herein, alleged to be in such conflict with other decisions as to require certification, is reported in 292 S. W. 251. In discussing the essential fact which Mrs. Benson was required, in any event, to establish in order to sue the Neylands outside the county of their residence, that court said:
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Ford Motor Co. v. Sheldon
...were dicta, and conflicts jurisdiction does not arise from statements that were immaterial to the court's holding. See Benson v. Jones, 296 S.W. 865, 867 (Tex. 1927). Thus, Ford cannot show that the differences between this case and Kirkland satisfy the standard for conflicts Because none o......
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