
    FRY v. BARRON et al.
    (No. 831-4885.)
    Commission of Appeals of Texas, Section B.
    Nov. 9, 1927.
    1. Appeal and error <&wkey;455 — Appeal is perfected by giving notice of appeal and filing appeal bond approved by district clerk.
    Appeal is perfected when notice of appeal has been given and appeal bond has been duly approved by, district clerk and fileij.
    2. Courts <&wkey;52 — Perfecting of appeal from judgment entered in Dawson county prior to Redistricting Act held to vest Court of Civil Appeals of Eleventh Supreme Judicial District with jurisdiction (Vernon’s Ann. Civ. St. 1925, art. 198; Acts 39th Leg. [Reg. Sess. 1925] c. 87).
    Perfecting appeal from judgment of district court of Dawson county prior to Redistricting Act (Acts 40th Deg. [Reg. Sess. 1927] c. 255 [Vernon’s Ann. Oiv. St. 1925, art. 198]), held to vest jurisdiction of appeal in Court of Civil Appeals of Eleventh Supreme Judicial District under Acts 39th Leg. (Reg. Sess. 1925) c. 87.
    3. Courts &wkey;52 — Redistrictiiig. Act held! not to divest Court of Civil Appeals of Eleventh Supreme Judicial District of jurisdiction of pending appeal (Vernon’s Ann. Civ. St. 1925, art. 198; Acts 39th Leg. [Reg. Sess. 1925] e. 87).
    Act of 40th Leg. (Reg. Sess. 1927) c. 255 (Vernon’s Ann. Civ. St. 1925, art. 198); removing Dawson county from Eleventh to Eighth Supreme Judicial District, held not to divest Court of Civil Appeals of Eleventh Supreme Judicial District of jurisdiction of appeal from judgment entered in distinct court of Dawson county, where such appeal was pending at time of Redistricting Act in Court of Civil Appeals of Eleventh District under Acts of 39th Leg. (Reg. Sess. 1925) c. 87.
    Certified Questions from Court of Civil Appeals of Eighth Supreme Judicial District.
    Action by W. J. Barron against J. B. Ery and others. Judgment for plaintiff, and defendant named appeals. Order transferring cause from the Court of Civil Appeals of Eastland to the Court of Civil Appeals of the Eighth Supreme Judicial District at El Paso. On question certified by the Court of Civil Appeals of the Eighth District.
    Question answered.
    Brown & Rountree, of Lamesa, for appel-' lant.
    Garland & Yonge, of Lamesa, for appellees.
   SPEER, J.

The Court of Civil Appeals for the Eighth District has certified to the Sh-preme Court a jurisdictional question, as follows:

“On April 14, 1927, W. J. Barron recovered a judgment in the district court of Dawson county against J. B. Ery and others. On April 23, 1927, moUon for new trial by Ery was overruled, to which he excepted and gave notice of appeal to the Court of Civil Appeals of the Eleventh Supreme Judicial District at East-land, Tex. On May' 25, 1927, appeal bond was filed by Ery, duly approved by the district clerk. Transcript was applied for by Ery’s attorney on August 12, 1927, and delivered to such attorney on the same date. On August 17, 1927, the transcript and statement of facts were filed in the Court of Civil Appeals' at Eastland, together with briefs of appellant and appellees. On August 30, 1927, the Court of Civil Appeals at Eastland entered in said cause an order which reads:
“ ‘It is ordered that this cause be transferred to the Court of Civil Appeals_ for the Eighth Supreme Judicial District at ’El Paso, Tex., for the reason that said Dawson county is now in the Eighth district, and that the clerk of this court certify all orders made and costs accrued in this court, and transmit all the papers in this cause to the clerk of said Eighth district.’
“The entire record in the case, together with a certified copy of said order, has been transmitted to the Court of Civil Appeals Of the Eighth Supreme Judicial District at El Paso, and filed in that court on September 6, 1927.
“The Eastland Court of Civil Appeals was created by chapter 87, p. 258, Acts 39th Legislature Regular Session. Dawson county was embraced within the Eleventh Supreme Judicial District by that act. By an Act of the Fortieth Legislature (Reg. Sess.) c. 255, p. 378 (Yer-non’s Ann. Civ. St. 1925, art. 198), the state was redistricted into eleven supreme judicial districts, and by this act Dawson county was embraced within the Eighth Supreme Judicial District. This act became effective 90 days after adjournment of the regular session which adjournment occurred on March 16, 1927.

“It seems to this court that the appeal in this case was perfected on May 25, 1927; by the approval and filing of the appeal bond and the jurisdiction of the Court of Civil Appeals of the Eleventh Supreme Judicial District at Eastland thereupon attached to the appeal. Gordon v. Rhodes & Daniels (Tes. Civ. App.) 104 S. W. 786; Latimer v. Ry. (Tex. Civ. App.) 104 S. W. 788; Waterman Lumber & Supply Co. v. Wheeler (Tex. Civ. App.) 142 S. W. 145; Kennedy v. Wheeler (Tex. Civ. App.) 256 S. W. 315; Moore v. McLennan County (Tex. Civ. App.) 275 S. W. 478.

“The Redistricting Act above mentioned of the Fortieth Legislature made no provision for the transfer of appeals then pending. Had the law made provision for the transfer of this ease, this court would have jurisdiction. Keator v. Whittaker, 104 Tex. 628, 143 S. W. 607; Heflin v. Ry., 106 Tex. 23, 155 S. W. 188.

“Or if there had been an order by the Supreme Court transferring this case from the Eastland court to this court, then we would have jurisdiction. Kennedy v. Wheeler, supra. So far as we are advised, the Supreme Court has not ordered the transfer of this case. It therefore seems to the El Paso court that it has no jurisdiction over this appeal and that jurisdiction thereof is with the Eastland court, for the reason that the jurisdiction of that court attached upon the approval and filing of the appeal bond, and there has been no act of the Legislature or order of the Supreme Court transferring the appeal from the Court of Civil Appeals of the Eleventh District at Eastland to the Court of Civil Appeals of the Eighth District at El Paso. See eases first cited.

“In this situation the Court of Civil Appeals of the Eighth Supreme Judicial District at El Paso deems it advisable to present to the Supreme Court for adjudication, and does hereby respectfully certify to the Supreme Court this question; Has the Court of Civil Appeals of the Eighth Supreme Judicial District at El Paso jurisdiction of this appeal, or is such jurisdiction vested in the Court of Civil Appeals of .the Eleventh Supreme Judicial District at Eastland?”

The question certified should be answered in accordance with the views indicated in the certificate; that is, that the Court of Civil Appeals for the Eighth District has no jurisdiction over the appeal, hut that jurisdiction thereof is vested in the Court of Civil Appeals for the Eleventh District.

OURETON, C. J.

The opinion of the Commission of Appeals answering the certified question is adopted and ordered certified. 
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