Legal Opinion

McKay v. Conner

Texas Supreme Court

Decided January 29, 1908No. 1786PublishedCited by 12 opinions

Motion in the Supreme Court for leave to file a petition for writ of mandamus requiring the judges of the Court of Civil Appeals for the Second District to certify a question on the ground of conflict in rulings.

1Opinion of the CourtChief Justice Gaines

This is a motion to file a petition for a writ of mandamus aganst the justices of the Court of Civil Appeals for the Second Supreme Judicial District to compel them to certify for the decision of this court a question decided by them in the case of E. L. Swinson v. J. F. McKay. It is claimed that the decision! Is in conflict with two cases in the Supreme Court, with one in’-Hie same Court of Civil Appeals and several others in other Courts of Civil Appeals.

The statute does not make it the duty of the Court of Civil Appeals to certify a question for the reason that the decision conflicts with…

2Cases cited3 opinions

  1. Messer v. CrossCourt of Appeals of Texas · 1901
  2. Calverley v. ShankCourt of Appeals of Texas · 1902
  3. Texas & Pacific Railway Co. v. WillsonTexas Supreme Court · 1908

3Cited by12 opinions

  1. Garitty v. RaineyTexas Supreme Court · 1923
  2. Benson v. Jones, Chief JusticeTexas Supreme Court · 1927
  3. City of Abilene v. McMahanTexas Commission of Appeals · 1927
  4. Coultress v. City of San AntonioTexas Supreme Court · 1916
  5. Hinn v. GallagherTexas Supreme Court · 1925

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