Henderson v. Beaton

Citations

• 52 Tex. 29
• 1879 Tex. LEXIS 113

Syllabus

<p>1. Commissioners of appeals—Constitutional law.—The act to create a commission of arbitration and award and to define the duties thereof, and to make appropriation, to pay the salaries of the judges thereof, approved July 9, 1879, is constitutional and valid, in so far as it creates said commission and authorizes it to report its conclusions or awards in the cases referred to it.</p> <p>2. Commissioners of appeals.—In regard to the tribunal known as the “Commissioners of Appeals for the State of Texas,” created by act approved July 9, 1879, the following conclusions are reached by a majority of this court:</p> <p>1. The commission is not a court, because it acts only by consent of botli parties, and even then is without jurisdiction to render, or power to enforce, a judgment.</p> <p>2. It has no jurisdiction, for consent cannot give jurisdiction.</p> <p>3. It is but a board of referees or arbitrators, provided to facilitate the adjustment of litigated cases pending in the courts of last resort.</p> <p>4. It deprives no citizen, against his will, of the right to go with his appeal to courts of last resort created by the Constitution.</p> <p>5. Its opinion settles no law, but affects only the particular case referred to it.</p> <p>3. Commissioners of appeals—Judgment by consent.—The award of the commissioners of appeal will be entered up as the judgment of the court to which it is returned, like other judgments by consent, subject to be examined by the court to ascertain if it is such a judgment as tlie court may properly enter.</p>