Griffin v. Wakelee
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. A. P. McCormick. Win. II. Griffin filed his petition in the District Court of Galveston county, against David Wakelee, alleging that Wakelee is the clerk of the said District Court; that on December 10, 1874, plaintiff had obtained judgment in said court against Martin H. Royston, adjudging the said Griffin to be the clerk of the Criminal District Court for Galveston county, and entitled to the custody of the records of said…
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Appeal from Galveston. Tried below before the Hon. A. P. McCormick. Win. II. Griffin filed his petition in the District Court of Galveston county, against David Wakelee, alleging that Wakelee is the clerk of the said District Court; that on December 10, 1874, plaintiff had obtained judgment in said court against Martin H. Royston, adjudging the said Griffin to be the clerk of the Criminal District Court for Galveston county, and entitled to the custody of the records of said Criminal District Court, and ordering that a writ of mandamus issue to Boyston requiring him to deliver oyer to…
1Opinion of the CourtMoore, J.
The only question in this case is, whether a judgment of the District Court awarding a peremptory, mandamus for the restoration of the plaintiff to an office, can be superseded or suspended by an appeal to this court. This question, we are clearly of opinion, must be answered in the affirmative. Such, we believe, has been the uniform usage and practice in mandamus cases ever since such proceedings as this have been authorized in the District Court.
It is unquestionably true, that at common law, a writ of mandamus could not be stayed or suspended by a writ of error or appeal, for indeed no writ…
2Cited by15 opinions
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- W.D. Yett, Mayor v. CookTexas Supreme Court · 1926
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