Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-08-14

sanitation OF the record TINT r"siN
properly be made by the party Apply
ing for the writ Under our new sya-
tenn, the denial OF a writ OF error py |
the supreme court Is tantamount 70 an
anirmance Of the judgment OF the /
court Of civil appeals, and this matter, /
gentlemen, should be kept prominently I
In view in determining the Naiue anu
hnality Of the Judgments OF the court !
Of civil appeals. Out Of these ITO ap-
plicauons made for writ Of error, Such !
writ has been granted in only u
cases, and denied In the other 10. or
the n cases In which the writ OF error
was granted / do not know the exact
proportion of afiirmances and revcr-
sails, but / remember that 1t was
stated by Judge T. j. Brown OF the
supreme court in his paper on TINS
subject, read before the Bar assoelia-
ton at Galveston two weeks ago, that
the total number heard and determined
by the supreme court. from the several
courts OF appeals, Htood about as fol.
| lows: Thirty-seveu reversals and 20
afiirmances, II j am correct in my re-
membrance on that point. II will be
seem then, that the attrmances and re-
versals are about equal. Adding then
one-half Of 81, say 10. as the number
Of affirmed cases, to the 76 in which the
writ was denied, and we have total
of So cases out of 11O in which the
I Judgment Of the court Of civil appeals
1 has been practically affirmed by the
/ supreme court upon due examination
l OF the recorda--a proportion very much
I larger than can be found IN the cases
decided by the supreme court prior to
] the institution Of the courts OF civil
| appeals. | took up at random this
morning Vol. u Of our supreme court
I reports. and ran through II to see the
| proportion OF affirmed and reversed
I cases, OF the 23a cases in that volume
| 90 are affirmed, ana the others are re-
/ versed or reformed, thus showing that
l the proportion of Judgments of the dis
| trict courts reversed by the supreme
/ court is very much greater than those
| OF The court OF civil appeals.
Since the judgments OF the court of
| civil appeals are not final, and not
/ absolutely conclusive, in a large pro-
/ portion Of its more important cases.
/ there Is II natural tendency TO suppose
| that they are not absolutely correct;
1 especially on the part of attorneys for
] the losing parties in the courts Of civil
1 appeals The written opinions Of the
supreme court are rendered and pub
( lished only IN those cases wherein writ
/ OF error has been granted, and not
] IN the yet larger number Of cases in
I which II has been denied. People do
not always, In the hurry of active
Z business life, have time 20 give such
{ matters due consideration and hence
come intenirent 5ttorns,e NM tbars
is a reversal In nearly everl, Gaze taifo,
from the court Of civil appeals to the
Ii menifsati,, t1c1,,i,,t m,', III, We W
pinstIce to o,,r ,i,,,,'t anu "i'lVh uoes
II v5as ,,yo',i.,, ~. ~ ~ = o..
,,,,cb "o p,Vut''t ,' tlaI thGre would be
"n,,rts ~ LIZ, netWeeh me dllierent
ploNlutl mat such conflict should be
Elounu LOT carrying the c1se to the SUI
iWtine court ~ which such conflict was
lhVolVed' and yet the number of cases
Tor two years past, that have been
carried to the supreme court upon this
Of one's hands
In Justice both TO the CONT and q,
the people who are the Interested par
t nas, ahd the 6eneiiciaries OF this bust