287 S.W. 492 | Tex. | 1926
The jurisdiction of the Supreme Court is invoked by this application to determine the conflict between the decision in this case that a bill of exceptions or a statement of facts, in so far as it relates to testimony taken on a motion for new trial, comes within the terms of Art. 2073 of the Revised Statutes of 1911, now Art. 2246, and the contrary decision in Smith v. Texas Power Light Company,
Because of the conflict in the decisions of the Courts of Civil Appeals as to whether Art. 2246, formerly 2073, authorized the perpetuation of testimony on motions for new trial, the Supreme Court granted a writ of error in the case of Stephenson v. Nichols,
Our jurisdiction is also invoked to determine a conflict between the opinion in this case and the opinions in Reed v. Murphy,
There is no conflict between the opinion in this case and the opinion in Reed v. Murphy or Double v. Sawtell, for the reason that it does not appear that a motion for new trial was filed in either of the last named cases containing specific assignments challenging the sufficiency of the facts to support the judgment, which assignments were urged in the Court of Civil Appeals, as is the case here. And, in Temple Hill Development Company v. Lindholm,
The Supreme Court will not continue to grant writs of error to settle conflicts in decisions of Courts of Civil Appeals on points it has already necessarily determined, where the Court of Civil Appeals has not failed to follow the Supreme Court.
We find no error presented by assignments not specifically discussed.
The writ of error is refused.