Opinion
Application No. 24013.
Decided March 1, 1939. Rehearing overruled July 26, 1939.
Jurisdiction — Rules of Court — Judgment.
Under the recently adopted rules for the Supreme Court, and subdivision 6 of Article 1728, as amended, applications to the Supreme Court which are dismissed because the case is without the jurisdiction of the Court will be stamped "Dismissed, W. O. J," but if the case be one in which the judgment of the Court of Civil Appeals is a correct one but the Supreme Court is not satisfied that said opinion has correctly declared the law, said application will be stamped "Dismissed, W. O. J. — Correct Judgment."
Error to the Court of Civil Appeals for the Fifth District, in an appeal from Dallas County.
Suit by the Highland Park Independent School District against the Republic Insurance Company to recover the amount of $13,001.48 alleged to be due said district as taxes on its personal property for the year 1934. Defendants answered by general demurrer, general denial and certain special pleas. A judgment in favor of the plaintiff for $3314.83 with interest at 6 per cent from October 20, 1937, was affirmed by the Court of Civil Appeals, 123 S.W.2d 748, and defendants have brought error to the Supreme Court.
Application for writ of error dismissed for want of jurisdiction — Correct Judgment.
Smithdeal, Shook Lefkowitz, W. H. Shook and J. L. Shook, all of Dallas, for plaintiff in error.
J. W. Hassell, R. M. Vaughn and Bell, Goode, Heinen Miller, all of Dallas, for defendant in error.
The application for writ of error in this case is stamped DISMISSED W. O. J. — CORRECT JUDGMENT by virtue of a rule adopted by this Court, effective March 1, 1939, which reads as follows:
"5a. — Under Article 1821, of the Revised Civil Statutes of Texas, 1925, and Article 1728, of the Revised Civil Statutes of Texas, 1925, as amended, certain cases are placed beyond the jurisdiction of the Supreme Court on writ of error. Such cases must be dismissed by the Supreme Court for want of jurisdiction on the applications for writs of error.
"Under Subdivision 6 of Article 1728, as amended, it is directed that 'in all cases where the judgment of the Court of Civil Appeals is a correct one but the Supreme Court is not satisfied that the opinion of the Court of Civil Appeals in all respects has correctly declared the law, it shall dismiss the case for want of jurisdiction.'
"In order that parties, attorneys, and the courts may be advised of the classification made by the Supreme Court in dismissing each application for writ of error, effective from this date, each application dismissed because the case is adjudged beyond the jurisdiction of the Supreme Court on writ of error will be stamped 'DISMISSED, W. O. J.,' while each case dismissed under the above quoted portion of Subdivision 6 of Article 1728, as amended, will be stamped 'DISMISSED, W. O. J. — CORRECT JUDGMENT.' "
Opinion delivered March 1, 1939.
Rehearing overruled July 26, 1939.