149 S.W. 741 | Tex. App. | 1912
Appellants' second assignment of error is: "It appears from the record that at the time the court appointed the receiver herein, viz., on the 11th day of November, 1911, the Honorable John B. Thomas of the district court of the Thirty-Ninth judicial district was without power to make such appointment; for there was then pending, and at this time is still pending, in the Court of Civil Appeals in the Seventh Supreme Judicial District of Texas, an appeal, taken by the defendants in this case from the appointment, made by the Honorable John B. Thomas, district judge, in the same cause and the same court on the 28th day of February, 1911, of the same J. Enche as receiver for the Estacado Gulf Railroad Company, the said Judge John B. Thomas having, on the 28th day of February, 1911, appointed J. Enche receiver for the Estacado Gulf Railroad Company on petition of the plaintiffs herein, the said petition being the same and in the same cause upon which the court acted on the 11th day of November, 1911, and from which action this appeal is taken, the defendants having taken and perfected an appeal therein, which appeal was, on the 11th day of November, 1911, still pending, and is yet pending, in the Court of Civil Appeals for the Seventh Supreme Judicial District of Texas." It is contended under this assignment that during the pendency of the appeal from the first appointment the trial judge erred in again appointing J. Enche receiver. The record discloses that the first appointment of Enche as receiver was without notice; and the Court of the Second Supreme Judicial District handed down an opinion, vacating the order of appointment and discharging the receiver; and subsequently, after the decision by the Supreme Court of Southern Pacific Co. v. Sorey,
It appears from the record that the proceeding for the appointment of a receiver for the properties of appellant railway company had been filed in the Thirty-Ninth judicial district February 27, 1911, and that the petition of the appellants for the appointment of a receiver for the same property was not presented to the district judge of the Sixty-Eighth judicial district until the 6th day of July, 1911, by reason of which fact the district court of Fisher county (being a part of the Thirty-Ninth judicial district) had acquired jurisdiction over the subjectmatter and the parties; and appellant's third assignment is therefore overruled. Waters-Pierce Oil Co. v. State,
Finding no reversible error in the record, the order of the district judge in appointing J. Enche receiver is affirmed.
PRESLER, J., not sitting.