State Ex Rel. State Tax Commission v. Faircloth

OPINION OF THE COURT

CATRON, J.

A motion to dismiss the appeal and affirm the judgment of the trial court has been filed. The judgment was for dismissal of the mandamus proceeding, and was filed November 15, 1927.

Appellee .contends that the proceeding was a pending case in the district court of Guadalupe county on March 14, 1927, the date of the approval of chapter 93, Laws 1927, § 12 whereof provides:

“This act shall not apply to or affect cases pending at the date of the approval hereof in any of the courts of this state.”

And, therefore, this appeal could only be perfected under chapter 43,…