Legal Opinion

McCurdy Daniels v. Conner

Texas Supreme Court

Decided February 17, 1902No. 1072PublishedCited by 18 opinions

Original application for writ of mandamus. McCurdy and Daniels sued for mandamus to compel the Court of Civil Appeals for the Second District to certify a question to the Supreme Court.

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Original application for writ of mandamus. McCurdy and Daniels sued for mandamus to compel the Court of Civil Appeals for the Second District to certify a question to the Supreme Court. The substance of the answer of respondents to the petition for mandamus was as follows: Now come the respondents and demur to the petition for mandamus, upon the ground that there is no conflict between the decision of the Court of Civil Appeals for the First District in the case referred to. of Branch v. Simons, 48 Southwestern Reporter, 40, and the decision rendered by the Court of Civil Appeals for the…

1Opinion of the Court

GAINES, Chief Justice.

This is a petition for a writ of mandamus to compel the Court of Civil Appeals for the Second Supreme Judicial District to certify for the decision of this court a question determined by them in the case of T. P. Yoacham, appellant, v. McCurdy & Daniels, appellees. The decision was adverse to the appellees, who are the relators in this proceeding. The judges of the Court of Civil Appeals and the appellant are made the parties defendant.

The proceedings were instituted under the Act of May 9, 1899 (Laws 1899, page 170), which makes it the duty of the courts of civil…

2Cases cited4 opinions

  1. Scott v. PettigrewTexas Supreme Court · 1888
  2. Ayers v. HarrisTexas Supreme Court · 1890
  3. Bassett v. SherrodTexas Supreme Court · 1896
  4. Sullivan v. Hartford Fire InsuranceTexas Supreme Court · 1896

3Cited by18 opinions

  1. Simpson v. McDonaldTexas Supreme Court · 1944
  2. Perry v. GreerTexas Supreme Court · 1920
  3. Welch v. WeissTexas Supreme Court · 1905
  4. Booker-Jones Oil Co. v. National Refining Co.Court of Appeals of Texas · 1910
  5. Gulf, Colorado & Santa Fe Railway Co. v. GormanTexas Supreme Court · 1922

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