Keck v. Roberson

Mr. Judge German

delivered the opinion of the Commission of Appeals, Section A.

In this cause the Court of Civil Appeals declined to affirm on certificate, for the reason that no proper notice of appeal had been given, and therefore the Court was without jurisdiction. 108 S. W. (2d) 840.

In the case of Smith v. Free, 130 Texas 23, 107 S. W. (2d) 588, there was presented precisely the same situation as we have here. In that case it was held that the action of a Court of Civil Appeals in refusing to affirm on certificate was not a final judgment from which an appeal could be prosecuted to the…