American Nat. Bank of Austin v. Sheppard

On Motions for Rehearing and to Certify.

In view of our holding that the relief sought by the Bank is in fact mandatory and not restrictive, and that therefore the Supreme Court only has jurisdiction of the controversy under Art. 1735, R.C.S., the Bank now'urges for the first time (in addition to assignments upon which its appeal was, based and which we overruled) that Art. 1735, in so far as the jurisdiction therein conferred upon the Supreme Court is exclusive, is unconstitutional, in that it thereby “diminishes the full and plenary jurisdiction of the District Court to grant a writ of…