Legal Opinion

Houston Oil Co. of Texas v. Powell

Court of Appeals of Texas

Decided November 9, 1912PublishedCited by 2 opinions

Appeal from District Court, Sabine County; W. B. Powell, Judge. Mandamus by the Houston Oil Company of Texas against W. B. Powell, District Judge, to compel the judge to hear and determine the question of the correctness of the record on appeal.

1Opinion of the CourtReese, J.

The record, on appeal in this case contains conclusions of fact and law signed by Hon. W. B. Powell, District Judge. The file mark of tie district clerk shows that this paper was filed on April 6, 1912. The term of the court at which the case was tried adjourned March 28, 1912. Claiming that this paper was not in fact filed until after April 16, 1912, being after the expiration of the 10 days after adjournment of the court allowed by law, and that by order of the district judge the same was indorsed by the district clerk filed on April 6th, and should therefore be stricken from the record,…

2Cases cited5 opinions

  1. Boggess v. HarrisTexas Supreme Court · 1897
  2. P. J. Willis & Bro. v. SmithTexas Supreme Court · 1897
  3. Maxson v. JenningsCourt of Appeals of Texas · 1898
  4. Harris v. StarkTexas Supreme Court · 1908
  5. Texas & New Orleans Railway Co. v. WalkerCourt of Appeals of Texas · 1905

3Cited by2 opinions

  1. Redwine v. ColemanCourt of Appeals of Texas · 1934
  2. Alsworth v. ReppertCourt of Appeals of Texas · 1914

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