Texas-Carolina Oil Co. v. Fires

Full title: TEXAS-CAROLINA OIL COMPANY v. A. J. FIRES, DISTRICT JUDGE

Court: Supreme Court of Texas

Date published: Apr 28, 1932

121 Tex. 396 (Tex. 1932)

48 S.W.2d 600

Opinion

No. 5857.

Decided April 28, 1932.

Mandamus — Judgment — Jurisdiction of Courts.

Where in a suit in trespass to try title the district court has entered judgment dismissing the same for want of prosecution, the particular suit is finally disposed of, and the Supreme Court has no jurisdiction to inquire into the regularity of such judgment, or to issue mandamus to set aside the same, as the original jurisdiction to grant such relief lies in the district court which rendered the judgment.

Original application to the Supreme Court by the Texas-Carolina Oil Company, for writ of mandamus against A. J. Fires, District Judge of the District Court of Donley County, to compel him to set aside a judgment entered in his court dismissing a suit in trespass to try title.

The case was referred to Commission of Appeals, Section A, for their opinion, and the Supreme Court, adopting same, orders judgment entered accordingly.

Robt. E. O'Keefe, of Amarillo, for relator.

A. T. Cole, of Clarendon, for respondent.

MR. PRESIDING JUDGE HARVEY delivered the opinion of the Commission of Appeals, Section A.

This is an original proceeding for mandamus instituted in the Supreme Court by the relator, Texas-Carolina Oil Company, against the respondent, Honorable A. J. Fires, judge of the District Court of Donley County. The writ is sought to compel the respondent to set aside a judgment, entered by said court, dismissing for want of prosecution a certain suit in trespass to try title, brought by the relator as plaintiff against T. B. Lovelace and R. A. Lovelace as defendants. Said judgment of dismissal was entered on October 14, 1930, at a regular term of said court which ended November 12, 1930.

A judgment of dismissal, entered by a district court, finally disposes of the particular suit, and the Supreme Court does not have original jurisdiction to inquire as to the regularity of such judgment or to direct that it be set aside. Original jurisdiction to grant relief in respect of such a judgment lies in the district court which rendered the judgment. Osborn v. Younger, 235 S.W. 558; Green v. Green, 288 S.W. 406; Nachant v. Monteith, 117 Tex. 214.

We recommend that the writ of mandamus be denied.

The opinion of the Commission of Appeals is adopted and the mandamus refused.

C. M. CURETON, Chief Justice.