Legal Opinion

Monk v. Crooker

Court of Appeals of Texas

Decided November 14, 1918No. 7605PublishedCited by 10 opinions

Error from District Court, Harris County; William Masterson, Judge. Mandamus by John H. Crooker, Criminal District Attorney for Harris County, to compel W. E. Monk, Judge, and O. M. Smith, Clerk, of the Corporation Court of Magnolia Park, to permit plaintiff to prosecute all cases in such court, and to tax fees in his favor. From a judgment in favor of plaintiff, defendants bring error.

1Opinion of the CourtPheasants, C. J.

This is a suit for mandamus brought by John H. Crooker, criminal district attorney for Harris county, against W. E. Monk, judge, and O. M. Smith, clerk, of the corporation court of Magnolia Park, an incorporated town in Harris county.

Plaintiff’s petition alleges, in substance, that by the acts of the Legislature creating the office of criminal district attorney it was provided that the district attorney and his assistants should have the exclusive right to prosecute criminal cases in all the courts of Harris county, and to receive the fees provided by law therefor; that the said corporation…

2Cases cited4 opinions

  1. Teat v. McGaugheyTexas Supreme Court · 1893
  2. Depoyster v. BakerTexas Supreme Court · 1896
  3. Howth v. GreerCourt of Appeals of Texas · 1905
  4. Clark v. Terrell, CommissionerTexas Supreme Court · 1904

3Cited by10 opinions

  1. Dick v. KazenTexas Supreme Court · 1956
  2. Davis v. PetersCourt of Appeals of Texas · 1949
  3. Ex Parte SmithTexas Supreme Court · 1919
  4. Barton v. FlanaganCourt of Appeals of Texas · 1930
  5. Hawthorne v. La-Man Constructors, Inc., Texas Court of Appeals, 9th District (Beaumont)1984

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