Legal Opinion · Concurring in part, dissenting in part

Carter v. Tomlinson

Texas Supreme Court

Decided February 22, 1950No. A-2261Published

1Concurring in part, dissenting in partJustice Smedley

As I understand the opinion of the majority it neither intends nor purports to decide the merits of the questions or controversies in this case, but holds merely that neither the district court nor the Court of Civil Appeals had jurisdiction of the questions or controversies, and so holding reverses the judgments of those courts, dissolves the injunction and dismisses the suit except the part of the suit which seeks recovery of damages.

*16I can agree with that part of the judgment which dismisses the suit brought by respondents of Class 4 against petitioners Carter and Mrs. Douglas and dissolves…

2Cases cited10 opinions

  1. Love v. WilcoxTexas Supreme Court · 1930
  2. Gilmore v. WaplesTexas Supreme Court · 1916
  3. Westerman v. MimsTexas Supreme Court · 1921
  4. People Ex Rel. Coffey v. Democratic General CommitteeNew York Court of Appeals · 1900
  5. Seay v. Latham, Secretary of StateTexas Supreme Court · 1944

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