Linton v. Smith

HICKMAN, Commissioner.

A. J. Smith et al. were plaintiffs in the trial court, plaintiffs in error in the Court of Civil Appeals, and are defendants in error here. It is thought that our opinion can be more easily followed by designating them as plaintiffs and the plaintiff in *644error, Vernon Linton, as defendant. The only question which we find it necessary to decide is the question of whether or not the Court of Civil Appeals ever acquired jurisdiction of this case. The opinion of that court appears i-n 130 S.W.2d 1108.

It is disclosed by the judgment in the trial court that the case came on for…