Heney v. Davidson

The defendant in error moves the court to dismiss the application for writ of error herein because the plaintiffs in error failed to deposit a copy of their application with the Clerk of the Court of Civil Appeals, and failed to notify defendant in error’s attorney of the deposit of such copy.

The' motion is grounded on the proposition that the jurisdiction of the Supreme Court does not attach until Article 1881 of the Revised Statutes, requiring the deposit of a copy of each application and notice thereof to adverse counsel, has been complied with.

When the question was first presented, the…