Connolly v. Eidinoff

ON APPLICATION FOR WRIT OF ERROR

In a proceeding purportedly conducted under the provisions of Article 5547-82, Vernon’s Ann.Tex.Civ.Stat., the County Court of Rusk County ordered that respondent be discharged from the Rusk State Hospital. Our petitioner, who is Superintendent of the Hospital, attempted to appeal directly to the Court of Civil Appeals. The intermediate court dismissed his appeal for want of jurisdiction, because it concluded that the judgment of the County Court was in a probate proceeding and that any appeal therefrom must be taken to the district court. 442 S.W.2d 415. This…