Taylor v. Callahan

Court of Appeals of Texas

Taylor v. Callahan

122 S.W.2d 652

CourtCourt of Appeals of Texas

DecidedNovember 30, 1938

DocketNo. 8768.

StatusPublished

Cited by1 cases

This text of 122 S.W.2d 652 (Taylor v. Callahan) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Taylor v. Callahan, 122 S.W.2d 652 (Tex. Ct. App. 1938).

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Opinion

McClendon, chief justice.

This appeal is from an interlocutory order sustaining a plea of privilege of ap-pellee Frank W. Sorrell, and changing the venue as to him to Tom Green County. The order appealed from was passed October 21, 1937. The record was not tendered for filing until February 14, 1938, and the Clerk refused to file it. Thereafter appellant sued out a writ of error; and the record with the writ of error proceedings included was filed March 1, 1938.

The record not having been filed in this court within 60 days after the order was passed, and no motion to extend the time for filing having been made within fifteen days thereafter, this court lost jurisdiction over the appeal. R.C.S. Art. 1839, as amended by Acts of 43rd Leg. pp. 142, 143, ch. 67, 1933; Vernon’s Ann.Civ.St. art. 1839; Wall v. Gillen, Tex.Civ.App., 63 S.W.2d 270.

Appeal from an interlocutory order overruling or sustaining a plea of privilege seeking to change the venue cannot be taken by writ of error. Western Electric Co. v. Wilson, 117 Tex. 203, 299 S.W. 868.

Since we have no jurisdiction to entertain either appeal, both appeals are dismissed.

Appeals dismissed.

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McClendon, chief justice.

This appeal is from an interlocutory order sustaining a plea of privilege of ap-pellee Frank W. Sorrell, and changing the venue as to him to Tom Green County. The order appealed from was passed October 21, 1937. The record was not tendered for filing until February 14, 1938, and the Clerk refused to file it. Thereafter appellant sued out a writ of error; and the record with the writ of error proceedings included was filed March 1, 1938.

The record not having been filed in this court within 60 days after the order was passed, and no motion to extend the time for filing having been made within fifteen days thereafter, this court lost jurisdiction over the appeal. R.C.S. Art. 1839, as amended by Acts of 43rd Leg. pp. 142, 143, ch. 67, 1933; Vernon’s Ann.Civ.St. art. 1839; Wall v. Gillen, Tex.Civ.App., 63 S.W.2d 270.

Appeal from an interlocutory order overruling or sustaining a plea of privilege seeking to change the venue cannot be taken by writ of error. Western Electric Co. v. Wilson, 117 Tex. 203, 299 S.W. 868.

Since we have no jurisdiction to entertain either appeal, both appeals are dismissed.

Appeals dismissed.

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Bluebook (online)

122 S.W.2d 652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-callahan-texapp-1938.

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