The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 36

The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 36

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 edition. Excerpt: ...cases where original jurisdiction is given "by the Constitution, this court has authority to exercise it " without any further act of Congress to regulate its process or " confer jurisdiction, and that the court may regulate and mold " the process it uses in such manner as in its judgment will best " promote the purposes of justice. " And that it has also been settled, that where the State is a " party, plaintifl' or defendant, the Governor represents the " State, and the suit maybe, in form, a suit by him as Governor "in behalf of the State, where the State is plaintiff; and he " must be summoned or notified as the oflicer representing the " State, where the State is defendant. " And further, that the writ of ma/ndamus does not issue " from or by any prerogative power, and is nothing more than "the ordinary process of a court of justice, to which every one "is entitled, where it is the appropriate process for asserting the "right he claims. We may therefore dismiss the question of " urisdictiou without further comment, as it is very clear, that "if the right claimed by _Kentucky can be enforced by judicial "process, the proceeding by mandam/we is the only mode in " which the object can be accomplished." But our own decisions are almost uniform in maintaining the jurisdiction of the court, and it will be seen that wherevera case has come before this court in which the right to a writ of mandamus has been made apparent, it has been awarded; and I think the following cases sustain the right of the plaintiff to the writ of mandamus in the case at bar: ---Arberry 0. Beavers ct al., 6 Texas, 457; Horton '0. Pace, 9...
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Product details

  • Paperback | 272 pages
  • 189 x 246 x 14mm | 490g
  • United States
  • English
  • black & white illustrations
  • 1236826442
  • 9781236826442