Opinion
Application No. 18,378.
Decided October 14, 1931.
Writ of Error — Jurisdiction of Supreme Court.
Judgment of Court of Civil Appeals reversing and remanding cause, instead of reversing and rendering, because of insufficiency of evidence to support the verdict of the jury, is final, and Supreme Court is without jurisdiction to review the record.
In suit by W. L. Davis and others against Ben F. Meckel trial court rendered judgment for plaintiffs which was reversed by the Court of Civil Appeals ( 39 S.W.2d 1106), and plaintiffs applied to Supreme Court for writ of error.
Writ of error dismissed for want of jurisdiction.
J. A. Thomas, Lloyd Kerr and Louis D. Gayer, all of San Angelo, for plaintiff in error.
L. W. Elliott and Frank O. Ray, of Sonora, Morriss Morriss and Reed Cozart, all of San Antonio, for defendants in error.
In this case the majority of the Court of Civil Appeals have said in their opinion that there was no evidence to support the verdict of the jury. However, the order actually entered was one of reversal and remand, instead of rendition. Under the practice which governs this court, that type of order is equivalent to a holding merely that the evidence was insufficient to support the verdict of the jury. Under this state of the record, this court is without jurisdiction to grant the writ of error, for the reason that the question of the sufficiency of the evidence is one in which the judgment of the Court of Civil Appeals is final. For the reasons stated, the application for writ of error is dismissed for want of jurisdiction. Tweed v. Western Union Telegraph Co., 107 Tex. 255, 177 S.W. 957; Marshburn v. Stewart, 113 Tex. 519, 260 S.W. 565.