Legal Opinion

Rhodes v. Coleman-Fulton Pasture Co.

Court of Appeals of Texas

Decided March 22, 1916No. 5707PublishedCited by 4 opinions

Appeal from San Patricio County Court; M. A. Childers, Judge. Action between the Coleman-Fulton -Pasture Company and D. Rhodes. From the judgment rendered, Rhodes appeals.

1Opinion of the CourtFly, C. J.

[1, 2] Appellee seeks to dismiss the appeal in this case, for one reason, because the.transcript presents a suit for $159, instituted in the county court; the record failing to indicate that the cause was appealed from the justice’s court. The record should show this, and such showing cannot be made by certiorari, and hence the cause should be dismissed. However, before the appeal should be dismissed on that ground, appellant should be given an opportunity to perfect his record so as to show jurisdiction in the county court.

[3, 4] Another reason for seeking a dismissal is that the cause was…

2Cases cited6 opinions

  1. Graves v. HornTexas Supreme Court · 1895
  2. Smith v. Buffalo Oil Co.Texas Supreme Court · 1905
  3. Wooldridge v. RollerTexas Supreme Court · 1880
  4. Jesse French Piano & Organ Co. v. ElliottCourt of Appeals of Texas · 1914
  5. Dixon v. LynnCourt of Appeals of Texas · 1913

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Owens v. First Texas Prudential Life Ins. Co.Court of Appeals of Texas · 1929
  2. Cox v. GaffordCourt of Appeals of Texas · 1930
  3. Cox v. GaffordCourt of Appeals of Texas · 1930
  4. Gates v. Union Terminal Co.Court of Appeals of Texas · 1926

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