Legal Opinion

State Ex Rel. Cavanaugh v. Nelson

Court of Appeals of Texas

Decided November 7, 1914No. 726PublishedCited by 13 opinions

Appeal from District Court, Armstrong County; J. N. Browning, Judge. Action by the State, on relation of Jerry Cavanaugh and others, against A. V. Nelson and others. From a judgment in favor of defendants, relators appeal.

1Opinion of the CourtHall, J.

This is a quo warranto proceeding to test the validity of the incorporation of the city of Claude. Appellees have filed a motion to dismiss the appeal upon two grounds: (1) Because the state of Texas 'is not a party to the appeal; and (2) because neither the transcript nor statement of facts were filed in this court within the 20 days prescribed by rule 7 for the Courts, of Civil Appeals (142 S. W. x). The judgment of the court, overruling the motion for new trial, ends with the following language:

“To which order and judgment of the court the relators then and there in open court excepted and…

2Cases cited9 opinions

  1. Churchill v. WalkerSupreme Court of Georgia · 1882
  2. Drinkard v. IngramTexas Supreme Court · 1858
  3. State v. Douglas County Road Co.Oregon Supreme Court · 1882
  4. International & Great Northern Railway Co. v. StateCourt of Appeals of Texas · 1889
  5. Mathews v. State Ex Rel. WilsonTexas Supreme Court · 1891

4 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Staples v. State Ex Rel. KingTexas Supreme Court · 1922
  2. State Ex Rel. Candler v. Court of Civil AppealsTexas Supreme Court · 1934
  3. State ex rel Crawford v. WagnerCourt of Appeals of Texas · 1947
  4. State ex rel. Steele v. HeathCourt of Appeals of Texas · 1931
  5. State Ex Rel. White v. BradleyCourt of Appeals of Texas · 1997

8 more not listed; retrieve them via the Exa API.

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