
    J. W. Howard v. Cicero Jenkins.
    (No. 1211, Op. Book No. 3, p. 374.)
    Appeal from Lamar County.
    June 9, 1880.
   Opinion by

White, P. J.

§ 68. Motion for new trial in justice’s court necessary to give jurisdiction on appeal. Under the act of August 18, 1870 [General Laws 15th Leg. p. 172, sec. 3], a county court can only acquire jurisdiction of a case from justice’s court after a motion for new trial made and overruled and notice of appeal given in open court in the justice’s court.

Reversed and remanded.

Note. — The above is not now the law. See acts 18th Leg. p. 91.  