Texas Supreme Court, 1893

Gwin, Allen & Co. v. O'Daniel

Gwin, Allen & Co. v. O'Daniel
Texas Supreme Court · Decided June 8, 1893 · Gaines
22 S.W. 876; 85 Tex. 563; 1893 Tex. LEXIS 230 (South Western Reporter)

Gwin, Allen & Co. v. O'Daniel

Opinion of the Court

GAINES, Associate Justice.

We have decided the question submitted in this case in an opinion delivered at a former day of this term in the case of City of Austin v. Nalle. Upon the authority of that case we answer, that when one of the judges of the Court of Civil Appeals is disqualified, the other two members have jurisdiction, and may hear and determine the case. The fact of the disqualification need not be certified to the Governor, unless the two should be unable to agree.

Let this opinion be certified.

Delivered June 8, 1893.

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