State v. Delesdenier
Texas Supreme Court
The fourth section of the third article of the Constitution, which declares that the style of the (ah) laws shall be, “ Be it enacted by the Legislature of the State of Texas,'1 is inapplicable to a “ resolution, order, or vote,” as contradistinguished from a “ bill.” ' Appeal from Galveston. This suit was commenced in the Galveston District Court, at the Spring Term, 1840, by the State of Texas, through her attorney general.
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The fourth section of the third article of the Constitution, which declares that the style of the (ah) laws shall be, “ Be it enacted by the Legislature of the State of Texas,'1 is inapplicable to a “ resolution, order, or vote,” as contradistinguished from a “ bill.” ' Appeal from Galveston. This suit was commenced in the Galveston District Court, at the Spring Term, 1840, by the State of Texas, through her attorney general. The petition alleged that John Delesdenier, a resident of the county of Galveston, had, with force and arms, entered upon and taken possession of a certain tract or…
1Opinion of the Court
Sayles, S. J.
The first question presented for our consideration arises from the ruling of the court upon the exception to the petition. The exception was peremptory; it goes to the foundation of the action, and, if correctly taken, defeats absolutely the plaintiff’s right of recovery.
This action was instituted by the attorney general in behalf of the State, under the joint resolution of February, 1848, (Hart. Dig., artl 2201,) which reads as follows:
“Be it resolved by the Legislature of the State of Texas, That the attorney general he required to investigate the condition of the claim and…
2Cited by62 opinions
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- Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
- Day Land & Cattle Co. v. StateTexas Supreme Court · 1887
- City of Clute v. City of Lake JacksonCourt of Appeals of Texas · 1977
- State of Texas v. BalliTexas Supreme Court · 1944
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