T. W. House & Co. v. Williams

Citations

• 40 Tex. 346

Syllabus

<p>1. Beld, that a certificate by the district clerk in the words of the statute (Paschal's Digest, Article 1589) is sufficient to authorize the Supreme Court to affirm, without reference to the merits.</p> <p>2. The death of the attorney of plaintiff in error is not sufficient to excuse failure to file the trancript within the time prescribed, on a motion to set aside an affirmance on certificate, and for leave to file transcript after such affirmance.</p> <p>On Rehearing.</p> <p>3. If there was no jurisdiction to affirm on certificate, the improvident entry of affirmance would be void. There can he no judgment without jurisdiction to render it.</p> <p>4. An entry of affirmance upon a certificate of the district clerk that the judgment had been rendered in the court below, and appeal taken, was without jurisdiction and void, and should be so declared when called to the attention of the court.</p> <p>5. Jurisdiction defined to be the power by law conferred to determine causes ■ concerning certain subjects and between parties legally before the court by process or notice, actual or constructive.</p> <p>6. To give the court jurisdiction to affirm on certificate it must be shown 1. The final judgment below by a copy thereof. 3. Notice of appeal of record in the term when judgment was rendered, or in cases of error the service of 'citation in error must be shown. 3. The perfection of the appeal, by giving bond in cases where the law requires bond to be given, or a bond for supersedeas or for costs in cases of error. And these facts must be shown by a certified copy of the judgment and notice of appeal, and the certificate of the district clerk should state in the exact terms of the statute when the appeal or writ of error was-perfected.</p> <p>7. See discussion of facts insufficient to allow the transcript to be filed after the time prescribed by statute.</p>