Reese v. Owens

Full title: E. M. REESE ET AL. v. S. B. OWENS ET AL

Court: Supreme Court of Texas

Date published: Jun 19, 1934

123 Tex. 493 (Tex. 1934)

72 S.W.2d 1113

Opinion

No. 6281.

Decided June 19, 1934.

Appeal and Error.

Where, since the granting of the writ of error, the law questions involved have been settled by other decisions of the Supreme Court, adversely to the plaintiff in error, the judgment of the Court of Civil Appeals will be affirmed.

Error to the Court of Civil Appeals for the Ninth District, in an appeal from Tyler County.

Suit by E. M. Reese and others against S. B. Owens and others involving the validity of an act of the county school board of Tyler County creating a certain High School District and for injunction to restrain them from issuing bonds, etc., for said district. The trial resulted in a judgment adverse to plaintiffs who appealed to the Court of Civil Appeals, but failed to file transcript and statement of facts within the sixty days provided by law, but later filed a motion for permission to file the record. Upon motion by defendants to affirm on certificate, the Court refused the application of plaintiffs to file the record and granted the motion of defendants to affirm on certificate ( 48 S.W.2d 697), and plaintiffs bring error to the Supreme Court alleging error on the part of the Court of Civil Appeals in refusing to permit the filing of the record, and in affirming judgment of the trial court on certificate.

The case was referred to the Commission of Appeals, Section A, for their opinion thereon and the Supreme Court adopted same and ordered the entry of judgment in accordance therewith.

Judgment affirmed.

G. C. Lowe, of Woodville, for plaintiffs in error.

Wheat Sandlin, of Woodville, for defendants in error.

MR. JUDGE CRITZ delivered the opinion of the Commission of Appeals, Section A.

The opinion of the Court of Civil Appeals in this case is reported at 48 S.W.2d 697. It fully states the law question involved. Since this writ was granted, such law question has been settled by this court adversely to the plaintiff in error. Hunter v. Moore, 122 Tex. 583, 62 S.W.2d 97; Red v. Bounds, 122 Tex. 614, 63 S.W.2d 544.

The judgment of the Court of Civil Appeals is affirmed.

Opinion adopted by the Supreme Court, June 19, 1934.