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1 White & W. 30

Howard v. Jenkins

Court of Appeals of Texas

Decided June 9, 1880

Court of Appeals of Texas · decided 1880-06-09

<p>Appeal from Lamar County.</p>

Decided 1880-06-09

¶1Opinion by

White, P. J.

¶2§ 68. Motion for new trial in justice’s court necessary to give jurisdiction on appeal. Under the act of August 18, 1870 [General Laws 15th Leg. p. 172, sec. 3], a county court can only acquire jurisdiction of a case from justice’s court after a motion for new trial made and overruled and notice of appeal given in open court in the justice’s court.

¶3Reversed and remanded.

¶4Note. — The above is not now the law. See acts 18th Leg. p. 91.

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