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141 Tex. 318

Freeman v. Burrows

Texas Supreme Court

Decided May 26, 1943

Texas Supreme Court · decided 1943-05-26

Key passage — most relied on by later courts

““When a cause become moot on appeal, all previous orders and judgments should be set aside and the cause, not merely the appeal, dismissed. * * * ””

quoted by 3 later decisions, including University of Texas Medical Branch at Galveston v. Estate of Blackmon Ex Rel. Shultz, Stim-O-Stam Enterprises, Inc. v. First State Bank

Relies on Iles v. Walker, Chief Justice

Good law ✅— No negative treatment on recordhow we know

Decided 1943-05-26

How this case has been cited

Cited by 101 later decisions — most recently December 2017 · most notably Texas Foundaries, Inc. v. International Molders & Foundry Workers Union (1952), Carrillo v. State (1972)

101 state decisions

31019431950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Mr. Justice Critz

¶1delivered the opinion of the Court.

¶2The opinion of the Court of Civil Appeals, which is not published, correctly shows that, pending this appeal in that court, all matters in controversy in this cause became moot. Because of this fact that court dismissed this appeal, thereby leaving the judgment of the district court in full force. This order was erroneous. When a cause becomes moot on appeal; all previous orders and judgments should be set aside and the cause, not merely the appeal, dismissed. Iles v. Walker, C. J., et al, 132 Tex. 6, 120 S. W. (2d) 418; Texas & N. O. R. Co. et al v. Priddie, 127 Texas 629, 95 S. W. (2d) 1290; Tarpley v. Epperson, 125 Texas 63, 79 S. W. (2d) 1081; Danciger Oil & Ref. Co. of Texas v. Railroad Commission of Texas, 122 Texas 243, 56 S. W. (2d) 1075.

¶3It is ordered that the judgments of the Court of Civil Appeals and district court in this cause be reversed and set aside, and this cause is dismissed without prejudice to the rights of any party hereto. -

¶4Opinion delivered May 26,1943.

¶5Rehearing overruled June 23,1943.

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