Ex parte McKinney

MORROW, Presiding Judge.

This purports to be an appeal from an order of the District Judge of Erath County made in vacation, in which the application of Jake McKinney for discharge or relief by way of habeas corpus was denied.

As the transcript appears here, the certificate of the clerk of the District Court of Erath County states that the proceedings were had “during vacation.” The transcript is bare of any *429certificate of the district judge. The statute governing is article 857, C. C. P., 1925, in which it is stated in substance that in a habeas corpus appeal from an order of the judge in…