Smith v. Butcher
Texas Supreme Court
Error to the Court of Civil Appeals for the Sixth District, in an appeal from Wood County. In an action by W. M. Smith against Paul D. Smith and others, defendants had judgment on their cross-action against John F. Butcher, which, on his appeal was reversed and remanded. 195 S. W., 1180. Appellees obtained writ of error.
1Opinion of the CourtChief Justice Phillips
The writ of error in this ease was granted by the Committee of Judges of the Courts of Civil Appeals. The Supreme Court is without jurisdiction of the case unless the ruling of the Court of Civil Appeals of which the plaintiff in error makes complaint, presents a question of substantive law. That ruling relates purely to the admissibility of certain testimony. The case cannot be said to turn upon this testimony. A question of substantive law is not presented. Browder v. Memphis Independent School District, 107 Texas, 535.
The case is accordingly withdrawn from the Commission of Appeals and…
2Cases cited1 opinion
- Browder v. Memphis Independent School DistrictTexas Supreme Court · 1915
3Cited by13 opinions
- Hanks v. Gulf, Colorado & Santa Fe Railway CompanyTexas Supreme Court · 1959
- Moore v. DavisTexas Commission of Appeals · 1930
- National Compress Co. v. HamlinTexas Supreme Court · 1925
- Casualty Insurance Co. of California v. SalinasTexas Supreme Court · 1960
- Schmidt v. Houston Electric Co.Texas Commission of Appeals · 1922
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