Roddy v. Fly

This is an original proceeding upon motion for leave to file a petition for mandamus ■ against the Justices of the Court of Civil Appeals for the Fourth District. An examination of the petition for mandamus shows that the writ is asked for because of conflict, The conflict alleged is with the case of Miles v. Mays, 16 S. W., 540.

That case was not decided by the Supreme Court nor by a Court of Civil Appeals. The decision is by the old Court of Appeals created by and under the Constitution of 1876. That court had jurisdiction of all criminal cases and certain civil cases on appeal. Harris’…