Fry v. Barron

• Decision Date: 09 November 1927
• Docket Number: (No. 831-4885.)
• Citation: 299 S.W. 230
• Parties: FRY v. BARRON et al.
• Court: Texas Supreme Court

299 S.W. 230

FRY v. BARRON et al.

(No. 831-4885.)

Commission of Appeals of Texas, Section B.

November 9, 1927.

Certified Questions from Court of Civil Appeals of Eighth Supreme Judicial District.

Action by W. J. Barron against J. B. Fry and others. Judgment for plaintiff, and defendant named appeals. Order transferring cause from the Court of Civil Appeals of Eastland to the Court of Civil Appeals of the Eighth Supreme Judicial District at El Paso. On question certified by the Court of Civil Appeals of the Eighth District. Question answered.

Brown & Rountree, of Lamesa, for appellant.

Garland & Yonge, of Lamesa, for appellees.

SPEER, J.

The Court of Civil Appeals for the Eighth District has certified to the Supreme Court a jurisdictional question, as follows:

"On April 14, 1927, W. J. Barron recovered a judgment in the district court of Dawson county against J. B. Fry and others. On April 23, 1927, motion for new trial by Fry was overruled, to which he excepted and gave notice of appeal to the Court of Civil Appeals of the Eleventh Supreme Judicial District at Eastland, Tex. On May 25, 1927, appeal bond was filed by Fry, duly approved by the district clerk. Transcript was applied for by Fry's attorney on August 12, 1927, and delivered to such attorney on the same date. On August 17, 1927, the transcript and statement of facts were filed in the Court of Civil Appeals at Eastland, together with briefs of appellant and appellees. On August 30, 1927, the Court of Civil Appeals at Eastland entered in said cause an order which reads:

"`It is ordered that this cause be transferred to the Court of Civil Appeals for the Eighth Supreme Judicial District at El Paso, Tex., for the reason that said Dawson county is now in the Eighth district, and that the clerk of this court certify all orders made and costs accrued in this court, and transmit all the papers in this cause to the clerk of said Eighth district.'

"The entire record in the case, together with a certified copy of said order, has been transmitted to the Court of Civil Appeals of the Eighth Supreme Judicial District at El Paso, and filed in that court on September 6, 1927.

"The Eastland Court of Civil Appeals was created by chapter 87, p. 258, Acts 39th Legislature Regular Session. Dawson county was embraced within the Eleventh Supreme Judicial District by that act. By an Act of the Fortieth Legislature (Reg. Sess.) c. 255, p. 378 (Vernon's Ann. Civ. St. 1925, art. 198), the state was redistricted into eleven supreme judicial districts, and by this act Dawson county was embraced within the Eighth Supreme Judicial District. This act became effective 90 days after adjournment of the regular session which adjournment occurred on March 16, 1927.

"It seems to this court that the appeal in this case was perfected on May 25, 1927, by the approval and filing of the appeal bond and the jurisdiction of the Court of Civil Appeals of the Eleventh Supreme Judicial District at Eastland thereupon attached to the appeal. Gordon v. Rhodes & Daniels (Tex. Civ. App.) 104 S. W. 786; Latimer v. Ry. (Tex. Civ. App.) 104 S. W. 788; Waterman Lumber & Supply Co. v. Wheeler (Tex. Civ. App.) 142 S. W. 145; Kennedy v. Wheeler (Tex. Civ. App.) 256 S. W. 315; Moore v. McLennan County (Tex. Civ. App.) 275 S. W....