Kleiber v. McManus
Texas Supreme Court
Appeal from Cameron. On rule against the Hon. Jno. O. Bussell, judge of the district court of Cameron county, to show cause why a peremptory mandamus should not issue, requiring him to proceed with the trial of the above cause.
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Appeal from Cameron. On rule against the Hon. Jno. O. Bussell, judge of the district court of Cameron county, to show cause why a peremptory mandamus should not issue, requiring him to proceed with the trial of the above cause. This suit was instituted by Emma Kleiber against Charles McManus and Francis E. McManus, on May 26, 1883, in the district court of Cameron county, for the recovery of $4.430, her portion of the proceeds of certain lands, in which suit the defendant, Francis E. McManus, pleaded a counter claim of $1,512.50 against the plaintiff. On September 27, 1884, on motion of…
1Opinion of the Court
Robertson, Associate Justice.
The case presented in the application for mandamus, not controverted, is one in which the jurisdiction of the district court has been undoubtedly restored to it. If the order of removal was properly granted, the refusal of the federal court to receive the case, or its order remanding it, acqueisced in by the parties, re-invested the district court with its power to proceed with the suit, as if its jurisdiction had never been interrupted. Thatcher v. Williams, 47 Ga., 306; Ins. Co. v. Francis, 52 Miss., 457. It was the right and duty of the district court to…
2Cases cited6 opinions
- Wells v. LittlefieldTexas Supreme Court · 1884
- Life & Fire Ins. Co. of NY v. AdamsSupreme Court of the United States · 1835
- Germania Fire Insurance v. FrancisMississippi Supreme Court · 1876
- Miller v. HoltzTexas Supreme Court · 1859
- Durham v. Southern L. I. Co.Texas Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Spence v. FenchlerTexas Supreme Court · 1915
- Hatten v. City of HoustonCourt of Appeals of Texas · 1963
- Burgemeister v. AndersonTexas Supreme Court · 1924
- Schintz v. MorrisCourt of Appeals of Texas · 1896
- Roberts v. MunroeCourt of Appeals of Texas · 1917
9 more not listed; retrieve them via the Exa API.