Legal Opinion · Dissent

Gardner v. Railroad Commission

Texas Supreme Court

Decided March 23, 1960No. A-7734Published

1DissentJustice Smith

I respectfully dissent. This Court by its refusal to take cognizance of the Rules of Civil Procedure governing the trial of civil cases is enabling a private firm, the moving spirit and ally of the Railroad Commission of Texas, to change the status quo as found by the trial court, and to disrupt the orderly trial of the case in the district court. That ally-defendant is the firm of Christie, Mitchell & Mitchell, represented by an attorney of its choice. The result reached by the court enables one aggrieved party by the devious method of perfecting an appeal to the Court of Civil Appeals,…

2Cases cited6 opinions

  1. Pacific Telephone & Telegraph Co. v. KuykendallSupreme Court of the United States · 1924
  2. City of Dallas v. WrightTexas Supreme Court · 1931
  3. Stewart v. SmithTexas Supreme Court · 1935
  4. Gulf, C. & S. F. Ry. Co. v. American Sugar Refining Co.Court of Appeals of Texas · 1939
  5. Flannery v. StateCourt of Appeals of Texas · 1935

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