City of Palestine v. City of Houston
Court of Appeals of Texas
Original application, on relation of the City of Palestine and others, for writ of prohibition to restrain proceeding in suit by the City of Houston and others against the International & Great Northern Railroad Company.
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Original application, on relation of the City of Palestine and others, for writ of prohibition to restrain proceeding in suit by the City of Houston and others against the International & Great Northern Railroad Company. This is an original application in this court, on the relation of the city of Palestine, county of Anderson, and seven specially named citizens of the city of Palestine, for the issuance of a writ of prohibition to restrain the proceeding in the district court of Harris county in a suit filed in that court by the city of Houston and five specially named citizens of Harris…
1Opinion of the CourtLevy, J.
(after stating the facts as above). [1] First, the respondents insist that jurisdiction is not vested in this court to issue the writ as here sought, as' restraining an interference with the due execution of a prior final judgment of this court, since this court merely affirmed the judgment of the district court of Cherokee county, and did not modify or change it. The power and authority of the appellate court to act in the proceeding of prohibition is entirely dependent, in legal requirement, upon jurisdiction attaching and becoming active under añ appeal or writ of error in the given ease.…
2Cases cited14 opinions
- Litchfield v. Goodnow's AdministratorSupreme Court of the United States · 1887
- Wells v. LittlefieldTexas Supreme Court · 1884
- Conley v. Daughters of RepublicTexas Supreme Court · 1913
- Hovey v. ShepherdTexas Supreme Court · 1912
- Conley v. AndersonTexas Supreme Court · 1913
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3Cited by38 opinions
- Southwest Airlines Company v. Texas International Airlines, Inc. v. Texas Aeronautics Commission, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1977
- City of Dallas v. DixonTexas Supreme Court · 1963
- City of Houston v. City of PalestineTexas Supreme Court · 1924
- Houston Oil Co. of Tex. v. v. M. Co.Texas Supreme Court · 1934
- Yount-Lee Oil Co. v. Federal Crude Oil Co.Court of Appeals of Texas · 1936
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