State v. Thompson
Texas Supreme Court
Appeal from Presidio. Tried below before the Hon. T. A. Falvey. This was a suit brought in the district court of Presidio county, by the appellant, against the appellee on the 28th day of February, 1884, for the purpose of canceling and annulling the appellee’s claim of title to two sections of state school land.
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Appeal from Presidio. Tried below before the Hon. T. A. Falvey. This was a suit brought in the district court of Presidio county, by the appellant, against the appellee on the 28th day of February, 1884, for the purpose of canceling and annulling the appellee’s claim of title to two sections of state school land. It was alleged in the petition that S. A. Thompson, the defendant below and appellee here, was, at the time he made his application to purchase the land, a deputy surveyor of Presidio county, qualified and acting, and that his application to purchase, and all acts done in pursuance…
1Opinion of the Court
Stayton, Associate Justice.
The right of the state to sue in cases of this or any other character, in any court having jurisdiction of the subject-matter of the suit, without a statute authorizing the suit to be brought cannot be questioned.
The statute which requires suits of this character to be brought, however, provides that “ no suit shall be instituted by the attorney-general under the provisions of this act unless it shall be advised and directed by at least three of the board created by this act.” General Laws, 1883, p. 108.
It is evident that while the legislature was anxious to…
2Cases cited3 opinions
- Clark v. WillettCalifornia Supreme Court · 1868
- Cotulla v. LaxsonTexas Supreme Court · 1883
- People v. Mariposa Co.California Supreme Court · 1870
3Cited by17 opinions
- Stanolind Oil & Gas Co. v. StateTexas Supreme Court · 1939
- Stanolind Oil & Gas Co. v. StateCourt of Appeals of Texas · 1937
- State ex rel. Bell v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1911
- State v. Indio Cattle Co.Court of Appeals of Texas · 1941
- Keith v. FountainCourt of Appeals of Texas · 1893
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