Texas-Carolina Oil Co. v. Fires, 48 S.W.2d 600 (Tex. 1932). · Go Syfert
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Texas-Carolina Oil Co. v. Fires, 48 S.W.2d 600 (Tex. 1932). Cases Citing This Book View Copy Cite
30 citation events (7 in the last 25 years) across 7 distinct courts.
Strongest positive: Orca Assets, G.P., L.L.C. v. Burlington Resources Oil and Gas Company, L.P., Petrohawk Properties, L.P., and Geosouthern Dewitt Properties, L.L.C (texapp, 2015-01-19)
Treatment trajectory · 1936 → 2026 · click a year to view as-of
1936 1981 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Orca Assets, G.P., L.L.C. v. Burlington Resources Oil and Gas Company, L.P., Petrohawk Properties, L.P., and Geosouthern Dewitt Properties, L.L.C (2×) also: Cited "see"
Tex. App. · 2015 · confidence medium
“Whether an instrument is a quitclaim or not depends upon the intent of the parties to it as that intent appears from the language of the instrument itself.” Chesapeake, 2008 WL 4240486 , at *8 (citing Winningham v. Dyo, 48 S.W.2d 600, 603 (Tex.Comm’n App.1932)).
discussed Cited as authority (rule) In Re Texans Cuso Insurance Group, LLC
Bankr. N.D. Tex. · 2010 · confidence medium
It is a longstanding rule that where “parties got that which they bargained for and were not acting under mistake, fraud, or the like, the courts do not concern themselves with the relative values exchanged or the wisdom of the contract....” Winningham v. Dyo, 48 S.W.2d 600, 603 (Tex.Com.App.1932).
cited Cited as authority (rule) Enerlex, Inc. v. Amerada Hess, Inc.
Tex. App. · 2009 · confidence medium
Winningham v. Dyo, 48 S.W.2d 600, 603 (Tex.Comm’n App.1932, judgm’t adopted).
cited Cited as authority (rule) Enerlex, Inc. v. Amerada Hess, Inc. and Lynn Elsner
Tex. App. · 2009 · confidence medium
Winningham v. Dyo, 48 S.W.2d 600, 603 (Tex. Comm’n App. 1932, judgm’t adopted). 2 The trial court also granted Amerada Hess’s no-evidence motion.
discussed Cited "see, e.g." Brannon v. Gulf States Energy Corp. (2×)
Tex. · 1977 · signal: see also · confidence low
See also Winningham v. Dyo, 48 S.W.2d 600 (Tex.Comm.App.1932, judgmt adopted); Gulf Production Co. v. State, 231 S.W. 124 (Tex.Civ.App.1921, writ ref’d); 23 Am.Jur.2d § 292.
Retrieving the full opinion text from the archive…
Texas-Carolina Oil Company
v.
A. J. Fires, District Judge.
No. 5857..
Texas Supreme Court.
Apr 28, 1932.
48 S.W.2d 600
Robt. E. O'Keefe, of Amarillo, for relator. A. T. Cole, of Clarendon, for respondent.
Harvey.
Cited by 4 opinions  |  Published
Mr. Presiding Judge HARVEY

delivered the opinion of the Commission of Appeals, Section A.

This is an original proceeding for mandamus instituted in the Supreme Court by the relator, Texas-Carolina Oil Company, against the respondent, Honorable A. J. Fires, judge of the District Court of Donley County. The writ is sought to compel the respondent to set aside a judgment, entered by said court, dismissing for want of prosecution a certain suit in trespass to try title, brought by the relator as plaintiff against T. B. Lovelace and R. A. Lovelace as defendants. Said judgment of dismissal was entered on October 14, 1930, at a regular term of said court which ended November 12, 1930.

A judgment of dismissal, entered by a district court, finally disposes of the particular suit, and the Supreme Court does not have original jurisdiction to inquire as to the regularity of such judgment or to direct that it be set aside. Original jurisdiction to grant relief in respect of such a judgment lies in the district court which rendered the judgment. Osborn v. Younger, 235 S. W., 558; Green v. Green, 288 S. W., 406; Nachant v. Monteith, 117 Texas, 214.

We recommend that the writ of mandamus be denied.

The opinion of the Commission of Appeals is adopted and the mandamus refused.

C. M. CURETON, Chief Justice.