Ex parte Beaty
Court of Appeals of Texas
Habeas Corpus on appeal from the District Court of Throckmorton. Tried below before the Hon. J. V. Cockrell. The. appellant was held under a capias charging him with a violation of the “local option” law.
1Opinion of the Court
Willson,. Judge.
A majority of the court, Judge Hurt dissenting, are of the opinion that the order of the commissioners’ court of Throckmorton county, ordering an election in said county to determine whether or no’t the sale, exchange, or barter of intoxicating liquors should be prohibited in said county, is a nullity, because made without authority of law. Said court had no authority to order an election except in strict accordance with the law upon the subject, that is, to determine whether or not the sale of liquor should be prohibited in said county. It exceeded its authority in making the…
2Cited by3 opinions
- In re the Estate of FranksNew York Surrogate's Court · 1935
- State v. KelloggMissouri Court of Appeals · 1908
- Boonville Milling Co. v. RothIndiana Court of Appeals · 1920