The Laws of Texas, 1927 [Volume 25] Page: 91 of 1,111
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GENERAL AND SPECIAL LAWS. 75
Art. 3990. Damages.-On the trial of the cause in the county
court the appellee shall be permitted to prove the damages for
withholding the possession of the premises from the appellee
during the pendency of the appeal and the reasonable expenses
of the appellee in prosecuting or defending the cause in the
county court; and, if the possession of the premises be not adjudged
to the appellant, said court shall render judgment also in
favor of the appellee and against said appellant and the sureties
on his bond for the damages proven and all costs.
SEC. 2. The fact that the present statute permits the "appellant"
instead of the "appellee" tc make the proper proof, creates
an emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several
days be suspended, and said rule is hereby suspended, and that
this Act take effect and be in force from and after its passage,
and it is so enacted.
Approved February 21, 1927.
Effective February 21, 1927.
APPEAL AND ERROR TO COURT OF CIVIL APPEALS.
H. B. No. 147.] CHAPTER 52.
An Act to amend Article 2249 of the Revised Civil Statutes of Texas, 1925,
adopted at the Regular Session of the 39th Legislature so as to
repeal that portion of said article, allowing an appeal to the Court of
Civil Appeals from every order of any district or county court in civil
cases, granting motions for new trials, and declaring an emergency.
Also, inserting a provision previously omitted in reference to writs of
error.
Be it enacted by the Legislature of the State of Texas:
SECTION 1. That Article 2249 of the Revised Civil Statutes
of Texas, 1925, adopted at the Regular Session of the 39th
Legislature, be and the same is hereby amended so as to read
as follows:
Article 2249. To Court of Civil Appeals. An appeal or Writ
of Error may be taken to the Court of Civil Appeals from every
final judgment of the district court in civil cases, and from every
final judgment in the county court in civil cases of which the
county court has original jurisdiction, and from every final judgment
of the county court in civil cases in which the court has
appellate jurisdiction, where the judgment or amount in controversy
exceeds one hundred dollars exclusive of interest and
costs.
SEC. 2. The fact that in the codification of 1925, the provision
providing for Writs of Error was inadvertently omitted
and the further fact that numerous appeals have been taken to
the Court of Civil Appeals from orders of district and county
courts in civil cases, granting motions for new trials for the sole
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1927 [Volume 25], book, 1927; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth16125/m1/91/?rotate=90: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .