Campbell v. Wiggins
| Decision Date | 10 April 1893 |
| Citation | 22 S.W. 5 |
| Parties | CAMPBELL v. WIGGINS, Tax Collector. |
| Court | Texas Supreme Court |
Suit by T. M. Campbell, receiver of the International & Great Northern Railroad Company, against Ed. B. Wiggins, collector of taxes of Smith county, to enjoin the collection of certain taxes. A judgment dismissing the cause was affirmed by the court of civil appeals, (20 S. W. Rep. 730,) from which decision one of the judges dissented; and the case was certified to the supreme court, where the decision of the court of civil appeals was affirmed, (21 S. W. Rep. 599;) and plaintiff petitions the supreme court for a writ of error to bring up the entire case. Writ denied.
John M. Duncan, for petitioner.
Applicant seeks a writ of error to have revised a judgment of affirmance rendered by the court of civil appeals at Galveston on December 15, 1892. One of the judges of that court having dissented from the opinion of the majority upon one question, on motion of applicant the matter was certified to this court for determination, and on February 27th the judgment of the court of civil appeals was by this court affirmed, and on the 4th of the present month the application now before us was filed. The applicant now seeks a writ of error for the purpose of having revised a ruling of the court of civil appeals in which all the judges concurred, which, under the ruling heretofore made, could not be revised on the certificate of dissent.
The question arises whether, after having come before this court on certificate of dissent, it would be proper now to grant a writ of error to bring up the entire case. The law which authorizes the bringing of questions before this court upon certificate of dissent contemplates that a judgment shall be rendered in the court of civil appeals on the opinion of the majority of the judges, but often this gives to the court the power on its own motion, or upon motion of a party to the cause, to certify the matter on which the judges have differed for the decision of this court, and, upon that being made, the judgment of the court of civil appeals must be made to conform to that decision. When motion was made by applicant to have the question on which there was dissent certified, there was a judgment to sustain an application for writ of error, which would have been granted by this court if, on inspection of application, it was made apparent that error had probably been committed in reference to a material matter, and thus...
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Lindsley v. Lindsley
...Appeals, but the Supreme Court has jurisdiction to review on a writ of error. The Supreme Court, ever since the case of Campbell v. Wiggins, 85 Tex. 451, 22 S.W. 5, has discouraged the use of taking a case to that court by the means of certified questions of law, in cases of dissent where t......
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Whelan v. State
...2 Tex.Civ.App. 1, 20 S.W. 730, 735, affirmed on certificate of dissent 85 Tex. 424, 21 S.W. 599, application for writ of error denied 85 Tex. 451, 22 S.W. 5; Campbell v. Riviere, Tex.Civ.App., 22 S.W. 993, writ refused. It would be a strange interpretation of the Constitution and the statut......
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Samuelson v. Tribune
...(N. J.) 35 A. 798; State v. Motley, (N. J.) 50 A. 606; New York, Collanan v. Powers, (N. Y.) 92 N.E. 747; also in Texas, Campbell v. Wiggins, (Tex.) 22 S.W. 5; Wandelour v. Bank, (Tex.) 90 S.W. 181. publication complained of, is not libelous per se. Four separate innuendoes are set out in t......
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Halbrook v. Quinn
...permitted to resort to the other remedy and attack a judgment which they themselves, knowing all the facts, have invoked. Campbell v. Wiggins, 85 Tex. 451, 22 S. W. 5. We conclude, therefore, that the proceedings taken in the court below are an unwarranted interference with the execution of......