Merkel v. Garrett

— In this case relators seek by writ of mandamus to compel the clerk of this court to file in this court the record on appeal in the case of Henrietta Merkel et al., v. Houston, Oak Lawn and Magnolia Park Eailroad Company, which the cleric has refused to file on the ground that the appeal has not been perfected so as to give this court jurisdiction.

The case was tried at a term of the District Court of Harris County, which by law might continue in session more than eight weeks. Motion for a new trial was overruled and notice of appeal given February 3, 1910. The appeal bond was filed February…