Legal Opinion

English & Scottish-American Mortgage & Investment Co. v. Hardy

Texas Supreme Court

Decided February 5, 1900No. 852PublishedCited by 35 opinions

Original application for writ of mandamus against the Secretary of State to compel him to issue to applicant a permit to do business in the State.

1Opinion of the Court

WILLIAMS, Associate Justice.

This is a suit instituted in this court by plaintiff, a foreign corporation, to compel, by mandamus, the Secretary of State to issue to it a permit to do business in this State, which the Secretary refuses to do, on the ground that plaintiff has not shown that 50 per cent of its authorized capital stock has been subscribed, as required by the Act of the Legislature of 1897. Laws 25th Leg., p. 192, subdiv. 56.

The fact thus relied upon by respondent is admitted, and it is conceded also that proof of such fact is, by the statute referred to,.made a condition precedent…

2Cases cited4 opinions

  1. Quinlan v. Houston & Texas Central Railway Co.Texas Supreme Court · 1896
  2. Gunter v. Texas Land and Mortgage Co.Texas Supreme Court · 1891
  3. Walsh v. State ex rel. SoulesIndiana Supreme Court · 1895
  4. State ex rel. Dawes v. BaileySupreme Court of Kansas · 1895

3Cited by35 opinions

  1. Smith v. DavisTexas Supreme Court · 1968
  2. Board of Water Eng of State v. Cty of San AntonioTexas Supreme Court · 1955
  3. Thomas v. GroeblTexas Supreme Court · 1948
  4. Eldridge v. EldridgeCourt of Appeals of Texas · 1924
  5. Harris v. State Ex Rel. WilliamsSupreme Court of Alabama · 1933

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