Western Union Telegraph Co. v. Jacobs

Court of Appeals of Texas

Western Union Telegraph Co. v. Jacobs

281 S.W. 1119, 1926 Tex. App. LEXIS 314

CourtCourt of Appeals of Texas

DecidedApril 2, 1926

DocketNo. 8238.

StatusPublished

This text of 281 S.W. 1119 (Western Union Telegraph Co. v. Jacobs) 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.

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Western Union Telegraph Co. v. Jacobs, 281 S.W. 1119, 1926 Tex. App. LEXIS 314 (Tex. Ct. App. 1926).

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Opinion

PLEASANTS, C. J.

At a former term of this court we reversed and rendered the judgment of the trial court. Vide 245 S. W. 942. After a motion for rehearing and a motion to certify had been overruled by this court, the ap-pellee obtained a writ of mandamus from the Supreme Court requiring us to certify the question involved in the appeal, on the ground that our decision was in conflict with the decision of the Court of Civil Appeals for the Second District in the case of Telegraph Co. v. McDavid, 219 S. W. 853. In response to this writ we certified the question. The answer of the Supreme Court (280 S. W. 733) sustains the holding in the ease of Telegraph Co. v. McDavid (Tex. Civ. App.) 219 S. W. 853, and requires that our former judgment be set aside, and the judgment of the trial court affirmed. This order has been made.

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PLEASANTS, C. J.

At a former term of this court we reversed and rendered the judgment of the trial court. Vide 245 S. W. 942. After a motion for rehearing and a motion to certify had been overruled by this court, the ap-pellee obtained a writ of mandamus from the Supreme Court requiring us to certify the question involved in the appeal, on the ground that our decision was in conflict with the decision of the Court of Civil Appeals for the Second District in the case of Telegraph Co. v. McDavid, 219 S. W. 853. In response to this writ we certified the question. The answer of the Supreme Court (280 S. W. 733) sustains the holding in the ease of Telegraph Co. v. McDavid (Tex. Civ. App.) 219 S. W. 853, and requires that our former judgment be set aside, and the judgment of the trial court affirmed. This order has been made.

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281 S.W. 1119, 1926 Tex. App. LEXIS 314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-union-telegraph-co-v-jacobs-texapp-1926.

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