Legal Opinion · Dissent

Henningsmeyer v. First State Bank of Conroe

Texas Supreme Court

Decided March 6, 1918No. Application No. 10370Published

Application for writ of error to the Court of Civil Appeals for the Ninth District, in an appeal from Montgomery County.

1Dissent

DISSENTING OPINION.

Mr. Justice HAWKINS

delivered the following dissenting opinion:

Does the record in this case justify the Supreme Court in finding and holding, as a matter of fact, that the action of the Court of Civil Appeals for the Ninth Supreme Judicial District, in setting aside its order overruling the first motion for-a rehearing, "was for the sole purpose of indirectly extending the period of time during which a petition for a writ- of error might validly be filed, such action constituting a, deliberate fraud upon the appellate jurisdiction of the Supreme Court ?

In my opinion it docs…

2Cases cited12 opinions

  1. City of Austin v. NalleTexas Supreme Court · 1893
  2. Austin Real Estate & Abstract Co. v. BahnTexas Supreme Court · 1895
  3. Schleicher v. RungeTexas Supreme Court · 1897
  4. Ellis v. BrooksTexas Supreme Court · 1908
  5. Moke & Brother v. BrackettTexas Supreme Court · 1866

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