Legal Opinion · Dissent

Arnold v. City of Sherman

Court of Appeals of Texas

Decided June 3, 1949No. 14077Published

1DissentYoung, Justice

In this proceeding for mandamus, appellant seeks an order of restoration to his *319former position as city fireman from which he had been indefinitely suspended by Fire Chief Cooper.

The writ of mandamus is extraordinary and drastic in character and the courts exercise great caution in its award. It is therefore essential that the right sought to be enforced be clear and certain, so as not to admit of any reasonable controversy. “The writ does not issue in cases where the right in question is doubtful or not complete, but merely inchoate, or is a qualified one, or where it stands on a fact issue…

2Cases cited7 opinions

  1. Love v. WilcoxTexas Supreme Court · 1930
  2. Fire Department v. City of Fort WorthTexas Supreme Court · 1949
  3. King v. GuerraCourt of Appeals of Texas · 1927
  4. International Ass'n of MacHinists Union No. 1486 v. Federated Ass'n of Accessory WorkersTexas Supreme Court · 1939
  5. Goodman v. Board of Drainage CommissionersCourt of Appeals of Kentucky (pre-1976) · 1929

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