218 S.W. 654
FRYER et al. 
v. 
HEADLEE et al.
(No. 1061.)
Court of Civil Appeals of Texas. El Paso.
February 5, 1920.
        Appeal from District Court, Freestone County; A. M. Blackmon, Judge.
        Suit by E. Headlee and others against George W. Fryer and others. Judgment for plaintiffs, and 
defendants appeal. Appeal dismissed.
        Brooks, Worsham & Graham, of Dallas, for appellants.
        Williford & Geppert, of Fairfield, for appellees.
        WALTHALL, J.
        Appellee, E. Headlee, and other taxpayers of Freestone county, instituted this suit against the county 
judge and other members of the county commissioners' court of Freestone county, the county tax 
assessor and collector, the treasurer, auditor, and W. A. Myrick and A. B. Ayers, for the purpose of 
declaring void and unenforceable
Page 655
and to enjoin pendente lite the execution of a contract entered into by the commissioners' court with W. 
A. Myrick and A. B. Ayers for the erection of a county courthouse; to hold void the tax levied to meet the 
expense of erecting said building. An interlocutory injunction was granted by the trial district judge 
pending further orders of the court. Subsequently on a motion to dissolve, a further hearing in chambers 
was had, when the temporary injunction was dissolved. An appeal was prosecuted from the order of the 
court dissolving the injunction of the Court of Civil Appeals at Dallas, the judgment there reversed, and 
the cause remanded for further proceedings not inconsistent with the views expressed in the opinion. For 
a full statement of the issues presented and the matters therein determined, Headlee v. Fryer, 208 S. W. 
213. This appeal is prosecuted by W. A. Myrick from the final judgment of the trial court in that case 
perpetuating the injunction, and entering such orders therein as were consistent with the views expressed 
by the Court of Civil Appeals on the former appeal. The judgment finally disposing of the case was 
rendered and the judgment entered on June 24, 1919. Notice of appeal is given in the judgment. No other 
notice of appeal appears in the record. The appeal bond was filed and approved on July 26, 1919. The 
bond was not filed in time to give jurisdiction to the appellate court under article 2084, Vernon's Sayles' 
Civil Statutes. The matter is jurisdictional with appellate courts. Sanger v. Burge, 44 S. W. 871; Railway v. 
Whatley, 99 Tex. 128, 87 S. W. 819; Brown Grain Co. v. Miller, 143 S. W. 244.
        The appeal is dismissed.