Texas Commission of Appeals, 1929

Vaught v. Jones

Vaught v. Jones
Texas Commission of Appeals · Decided October 23, 1929 · Cureton, Speer
20 S.W.2d 758 (South Western Reporter, Second Series)

Vaught v. Jones

Opinion of the Court

SPEER, J.

The point is not raised in the plaintiff in error’s motion for rehearing, but it has come to our attention that the writ was improvidently granted, since the judgment complained of is not a final judgment so as to give the Supreme Court jurisdiction.

It is well settled that the judgment of the trial court upon a plea of privilege is not that final judgment which will give the Supreme Court jurisdiction upon a writ of error. Lowry v. Stdte (Tex. Com. App.) 258 S. W. 471, and authorities cited.

We therefore recommend that the opinion [17 S.W.(2d) 779] heretofore rendered in this case be withdrawn and that the writ, of error heretofore granted be dismissed.

070rehearing

CURETON, C. J.

Motion for rehearing granted, and writ of error dismissed for want of jurisdiction, as recommended by the Commission of Appeals.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.