Legal Opinion

Ex Parte Hutsell

Court of Criminal Appeals of Texas

Decided October 20, 1915No. 3677Published

From Bexar County. Original habeas corpus proceedings praying release from arrest, upon complaint charging relator with 'violating the provisions of chapter 28, Acts of the Thirty-fourth Legislature, defining and regulating loan brokers. The opinion states the case. On question of unconstitutionality of the law: Owen v. State, 53 Texas Crim. Bep., 105, 112 S. W. Bep., 1075; G., C. & S. F. By. Co. v. Ellis, 165 IT.

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From Bexar County. Original habeas corpus proceedings praying release from arrest, upon complaint charging relator with 'violating the provisions of chapter 28, Acts of the Thirty-fourth Legislature, defining and regulating loan brokers. The opinion states the case. On question of unconstitutionality of the law: Owen v. State, 53 Texas Crim. Bep., 105, 112 S. W. Bep., 1075; G., C. & S. F. By. Co. v. Ellis, 165 IT. S., 150; Hoefling & Son v. City of San Antonio, 85 Texas, 228; Ex parte Overstreet, 39 Texas Crim. Bep., 474. Cited Fidelity Co. v. Alibone, 90 Texas, 660; Austin Bapid Transit v.…

1Opinion

ON REHEARING.

January 19, 1916.

HARPER, Judge.

Relator has filed a motion for rehearing in this cause, and a very able argument in support of it. It has been pending for some time, and we have during that time given the propositions most careful thought and study, and we are frank to say that the one first presented was not to us entirely free from difficulty, but after reading the decisions of the various States of the Union, and the decisions of the Supreme Court of the United States, we have come to the conclusion that when a citizen, like a corporation, comes to the government and asks a…

2Cases cited6 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. The Lafayette Ins. Co. v. FRENCHSupreme Court of the United States · 1856
  3. Ex Parte SchollenbergerSupreme Court of the United States · 1878
  4. Wilson v. SeligmanSupreme Court of the United States · 1892
  5. Shriver v. McCannCourt of Appeals of Texas · 1913

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