Texas Company v. Tijerina

Appellants have filed a motion to dismiss this cause because the judge who tried the case below was absolutely disqualified, in that he was related to one of the parties. Const. Art. V, § II, Vernon’s Ann.St.

The question of the trial judge’s disqualification was not raised in any way in the trial court, and the record of the trial court filed here does not show any disqualification. However, movants have filed an affidavit stating that the trial judge was related, within the third degree, to Arnold *479Franklin, and that he had an interest, though small, in the recovery.

Appellees have answered…