Gwin, Allen & Co. v. O'Daniel

Texas Supreme Court

Gwin, Allen & Co. v. O'Daniel

22 S.W. 876, 85 Tex. 563, 1893 Tex. LEXIS 230

CourtTexas Supreme Court

DecidedJune 8, 1893

DocketNo. 26.

StatusPublished

Cited by4 cases

This text of 22 S.W. 876 (Gwin, Allen & Co. v. O'Daniel) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gwin, Allen & Co. v. O'Daniel, 22 S.W. 876, 85 Tex. 563, 1893 Tex. LEXIS 230 (Tex. 1893).

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Opinion

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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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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Bluebook (online)

22 S.W. 876, 85 Tex. 563, 1893 Tex. LEXIS 230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gwin-allen-co-v-odaniel-tex-1893.

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