Davy Burnt Clay Ballast Co. v. St. Louis Southwestern Ry. Co.
Cases that cite this one
2 later published cases cite this decision.
- Edwards Aquifer Authority v. Chemical Lime, Ltd. (Tex. 2009)
- JOHN F. GRANT LUMBER COMPANY v. Bell (Tex. App. 1957)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The judgment of the Court of Civil Appeals, 32 S.W.(2d) 209, affirming the order of dismissal of the trial court, is clearly correct. Revised Statutes, article 1867, plainly directed the district court to dismiss this case, for the reason that no mandate had been taken out of the Court of Civil Appeals within one year after the final judgment in that court. The questions as to whether or not the mandate should have issued, as it did issue in this case, out of the Court of Civil Appeals after the expiration of one year from its original final judgment, and the proper construction of article 1775, Revised Statutes, relating to the Supreme Court, we find it unnecessary to pass upon or discuss.
Eor the reasons stated, .the application for writ of error is accordingly refused.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.