Texas & Pacific Railway Co. v. Voliva

SPEEB, Associate Justice.

The sole question presented for decision in this case is whether or not Special District Judge W. K. Homan had authority to grant a new trial in this cause, when the trial proper had been heard by Special Judge J. H. Beall. It appears that upon a former trial, which was before Judge Beall, the jury returned a verdict for appellee and judgment was entered upon it. Both parties were dissatisfied and filed their motions for a new trial. Judge Beall was called away upon business to another part of the district and refused for want of time to hear these motions, although…