Fleming v. Pellum

The jurisdiction of the Supreme Court is invoked by this application to determine the conflict between the decision in this case that a bill of exceptions or a statement of facts, in so far as it relates to testimony taken on a motion for new trial, comes within the terms of Art. 2073 of the Revised Statutes of 1911, now Art. 2246, and the contrary decision in Smith v. Texas Power & Light Company, 206 S. W., 119.

Because of the conflict in the decisions of the Courts of Civil Appeals as to whether Art. 2246, formerly 2073, authorized the perpetuation of testimony on motions for new trial, the…