Churchill v. Martin
Texas Supreme Court
Application to the supreme court for injunction against the judge and the clerk of the district court of San Saba. On December 14, 1885, Barclay Martin recovered, in the district court of San Saba county, a judgment awarding him a peremptory mandamus, requiring the defendants in the suit, who had in charge the public free schools of the town of Burnet, in Burnet county, to receive Mm as a pupil in the schools.
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Application to the supreme court for injunction against the judge and the clerk of the district court of San Saba. On December 14, 1885, Barclay Martin recovered, in the district court of San Saba county, a judgment awarding him a peremptory mandamus, requiring the defendants in the suit, who had in charge the public free schools of the town of Burnet, in Burnet county, to receive Mm as a pupil in the schools. The defendants’ motion for new trial was overruled, and they gave notice of appeal. On December 17, 1885, the peremptory writ awarded, was issued. On December 26, the defendants filed…
1Opinion of the Court
Robertson, Associate Justice.
That the execution of a judgment awarding a peremptory writ of mandamus, may be suspended by a proper appeal bond is not an open question in this court. Griffin v. Wakelee, 42 Tex. 513. After the approval of such a bond, the district court, during the term, still has jurisdiction to modify or set aside the judgment appealed from, (Blum v. Wettermark, 58 Tex. 125; Garza v. Baker, 58 Tex. 487) but not to enforce such judgment. When the bond has been filed and approved, the complaining party has done, substantially, all required of him to give this court jurisdiction…
2Cases cited2 opinions
- Leon & H. Blum v. WettermarkTexas Supreme Court · 1882
- Griffin v. WakeleeTexas Supreme Court · 1874
3Cited by22 opinions
- W.D. Yett, Mayor v. CookTexas Supreme Court · 1926
- Yett v. CookTexas Supreme Court · 1925
- Ex Parte Travis and MathewsTexas Supreme Court · 1934
- Texas Employers' Insurance v. KirbyTexas Supreme Court · 1941
- Ellis v. HarrisonCourt of Appeals of Texas · 1900
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