Legal Opinion

Garza v. Baker

Texas Supreme Court

Decided February 2, 1883No. Motion No. 756PublishedCited by 21 opinions

Application for mandamus. From Bexar county. This was an application to the supreme court for mandmnus, in which it was stated that Leonardo, Garza, as plaintiff, on the 12th of December, 1882, recovered in the district court of Bexar county a judgment against the applicants for the restitution of certain premises, and for $250 damages; that on the 14th of December, 1882, the plaintiff filed a written motion to reform the judgment (unnecessary to be here explained), and…

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Application for mandamus. From Bexar county. This was an application to the supreme court for mandmnus, in which it was stated that Leonardo, Garza, as plaintiff, on the 12th of December, 1882, recovered in the district court of Bexar county a judgment against the applicants for the restitution of certain premises, and for $250 damages; that on the 14th of December, 1882, the plaintiff filed a written motion to reform the judgment (unnecessary to be here explained), and which was overruled; that plaintiff thereupon gave notice of appeal from that portion of the judgment which related to…

1Opinion of the Court

West, Associate Justice.

This court has no appellate jurisdiction except where the district court has rendered a judgment, final in its character, disposing of the subject matter of the controversy.

So long as the judgment of that court remains' under its control, and subject to be altered or set aside by it, it is not in its nature that character of final judgment which can be made the subject of direct revision by this court. R. S., art. 1380; Const., art. V, sec. 3.

The appellate jurisdiction of this court cannot, in the nature of things, attach until the judgment sought to be passed under…

2Cases cited1 opinion

  1. Meyer v. CarolanTexas Supreme Court · 1852

3Cited by21 opinions

  1. Townes v. Lattimore Dist. JudgeTexas Supreme Court · 1925
  2. Blackburn v. KnightTexas Supreme Court · 1891
  3. Crawford v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
  4. Ellis v. HarrisonCourt of Appeals of Texas · 1900
  5. Golden West Oil Co. No. 1 v. Golden Rod Oil Co. No. 1Court of Appeals of Texas · 1925

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