Flattery v. Miller

Decided June 11, 1919

Texas Supreme Court · decided 1919-06-11

Action by T. F. Flattery and wife against J. W, Miller and others. From an order of the Court of Civil Appeals, reversing judgment for plaintiffs (171 S. W. 253), they bring error.

Relies on Schleicher v. Runge · Southwestern Traction Co. v. Melton · Vinson v. W. T. Carter & Bros.

Good law ✅— No negative treatment on recordhow we know

Dismissed for want of jurisdiction, and withdrawn from… · Decided 1919-06-11

How this case has been cited

Cited by 4 later decisions — most recently February 1948

4 state decisions

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.

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PHILLIPS, C. J.

¶1Since our reference of this case to the Commission of Appeals it has come to our attention that the petition for, writ of error was filed in the Court of Civil Appeals more than thirty days after the overruling by that court of the motion for rehearing. The motion for rehearing was overruled on December 3, 1914. The petition for writ of error was filed in the Court of Civil Appeals on January 4, 1915.

¶2In order for the Supreme Court to have jurisdiction to grant a writ of error, the petition for the writ must be filed in the Court of Civil Appeals within thirty days from the overruling of the motion for rehearing. This is a plain and positive jurisdictional requirement. Schleicher v. Runge, 90 Tex. 456, 39 S. W. 279; Vinson v. Carter, 106 Tex. 273, 166 S. W. 363. The case must be dismissed for want of jurisdiction. It is withdrawn from the Commission and so dismissed.