Federal Underwriters Exchange v. Pugh
| Decision Date | 06 October 1943 |
| Docket Number | No. 8140.,8140. |
| Citation | 174 S.W.2d 598 |
| Parties | FEDERAL UNDERWRITERS EXCHANGE v. PUGH et al. |
| Court | Texas Supreme Court |
Lightfoot, Robertson & Gano, of Fort Worth, for appellant.
Smith & Smith, of Anson, for appellees.
This is a workmen's compensation' case. It is before this Court on certified questions from the Eastland Court of Civil Appeals. John Pugh, a minor, by his next friend, filed this cause in the District Court of Young County, Texas, to set aside an award of the Industrial Accident Board and recover workmen's compensation for an injury sustained in such county. By agreement of the parties the case was transferred to the District Court of Stephens County, Texas, where it was finally tried and judgment rendered for Pugh. Federal Underwriters Exchange, the compensation insurance carrier, appealed to the Eastland Court of Civil Appeals. That court has certified to this Court the following question: "Where such suit has been filed to set aside an award of the Industrial Accident Board in the county where the employee was injured and the court of said county, upon the agreement and request of the parties thereto, transfers said cause to a court of another county, in which the injury did not occur, does the court of such county to which said cause was so transferred have jurisdiction to try said case and render judgment?"
Disregarding Article 8307a, Vernon's Texas Civil Statutes, H.B. 879, Chap. 208, Acts 42d Leg., 1931, p. 351, which we will later refer to, the answer to the abovequoted certified question would be governed by the pertinent provisions of Section 5 of Article 8307, Vernon's Texas Civil Statutes, as heretofore interpreted and construed by this Court. The statute last mentioned provides:
It is settled by the decisions of this Court that the provision of Section 5 of Article 8307, just quoted, considered alone, requiring suits to set aside the final rulings and awards of the Industrial Accident Board to be filed in the county where the injury occurred, was mandatory and jurisdictional, and that the courts of no other county had jurisdiction to hear or determine such suits. Mingus v. Wadley, 115 Tex. 551, 285 S.W. 1084; Oilmen's Reciprocal Ass'n v. Franklin (Com.App., opinion adopted), 116 Tex. 59, 286 S.W. 195; Wilson v. Work, 122 Tex. 545, 62 S.W.2d 490; Federal Surety Co. v. Jetton, Tex. Com.App., 44 S.W.2d 923; Texas Employers' Ins. Ass'n v. Evans, 117 Tex. 113, 298 S.W. 516. There may be some decisions of the courts of civil appeals that are not in absolute harmony with the decisions of this Court as above cited, but they cannot operate to overrule such decisions.
Jurisdiction of courts consists of two fundamental classifications, — jurisdiction of the subject matter, and jurisdiction of the person. Jurisdiction of the subject matter exists by...
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...statutes to the pleadings, without respect to whether the parties are properly before it. See Federal Underwriters Exchange v. Pugh, 141 Tex. 539, 174 S.W.2d 598, 600 (1943); Withers v. Patterson, 27 Tex. 491, 495 (1864); Compsey v. Brumley, 55 S.W.2d 810, 812 (Tex.Comm'n App.1932, holding ......
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Texas Whistleblower Act
...917 S.W.2d 779 (Tex. 1996); see also Gambill v. Town of Ponder , 494 S.W.2d 808, 810 (Tex. 1973); Federal Underwriters Exchange v. Pugh , 174 S.W.2d 598, 600 (Tex. 1943). But see Washburn v. Texas , No. A-07-CA-116-LY, 2008 WL 170033, at *3 (W.D. Tex. Jan. 16, 2008) (recommending dismissal ......
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Texas Whistleblower Act
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Table of cases
...Federal Land Bank Ass’n of Tyler v. Sloane , 825 S.W.2d 439 (Tex. 1991), §§30:7.B, 30:7.B.2 Federal Underwriters Exchange v. Pugh , 174 S.W.2d 598 (Tex. 1943), §34:1.B Federated Rural Electric Ins. Co. v. Kessler , 131 Wis. 2d 189, 388 N.W.2d 553 (Wis. 1986), §28:9.F.4 Feldman v. Law Enforc......
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Table of cases
...Federal Land Bank Ass’n of Tyler v. Sloane , 825 S.W.2d 439 (Tex. 1991), §§30:7.B, 30:7.B.2 Federal Underwriters Exchange v. Pugh , 174 S.W.2d 598 (Tex. 1943), §34:1.B Federated Rural Electric Ins. Co. v. Kessler , 131 Wis. 2d 189, 388 N.W.2d 553 (Wis. 1986), §28:9.F.4 Feldman v. Law Enforc......