Berry v. American Rio Grande Land & Irrigation Co.

Appellant has filed a motion asking this court to reverse the judgment and remand this cause for want of jurisdiction, because the same was tried when the court could not be and was not in regular scission. The cause was heard by the trial judge on' exceptions on April 13, 1921, when the regular term1 had expired by law on April 9, 1921. No order of extension of the term appears in the record, but clearly the case was disposed of in vacation. There is no written agreement in the record that the case should be tried by the judge in vacation. Under the provisions of article 1714, Rev. St.,…