Gordon v. Lake

GRIFFIN, JUSTICE,

dissenting.

I respectfully dissent. The Court does not have jurisdiction to issue this writ of mandamus.

*398Respondent filed a motion to dismiss the application of Relators for a mandamus on the ground that when he refused to file the articles of incorporation Relators should have pursued their remedy at law by appealing to a district court of Travis County, Texas, as provided by Art. 9.04 of the Act. We carried the motion to dismiss along with the cause for argument at the time of submission.

I would hold that Relators were bound to appeal from Respondent’s adverse ruling as is…