Smith v. Power
Texas Supreme Court
The plaintiff in error, Joseph F. Smith, for himself, and as agent for others, instituted suits in the district court of Travis county, praying for a peremptory mandamus against the commissioner of the general land office, to compel him to issue patents for certain lands which had previously been located and surveyed in the county of Befugio for him, Smith, and for those whom he represented.
Read the full summary
The plaintiff in error, Joseph F. Smith, for himself, and as agent for others, instituted suits in the district court of Travis county, praying for a peremptory mandamus against the commissioner of the general land office, to compel him to issue patents for certain lands which had previously been located and surveyed in the county of Befugio for him, Smith, and for those whom he represented. Sometime after the institution of these suits and while they were pending, the defendant in error, James Power, filed his bill in the same court, alleging that the lands located by Smith and others, and…
1Opinion of the Court
Hr. Chief Justice Hemphill
delivered the opinion of the court.
The plaintiff in error being one of several defendants in an action instituted by James Power, defendant in this court, and plaintiff below, had, on filing his answer, moved to dissolve an injunction which had been granted; and on the overruling cf this motion, this writ of error was sued out.
The said plaintiff, James Power, had filed his petition, stating that in pari consideration for services rendered by himself and his partner, James Hewitson, to the then existing government of Coahuila and Texas, in colonizing and settling a…
2Cases cited1 opinion
- Hoffman v. LivingstonNew York Court of Chancery · 1814
3Cited by20 opinions
- City of Austin v. CahillTexas Supreme Court · 1905
- Camp v. Gulf Production Co.Texas Supreme Court · 1933
- State Ex Rel. Candler v. Court of Civil AppealsTexas Supreme Court · 1934
- Campbell v. McFaddenCourt of Appeals of Texas · 1895
- Tabor v. Commissioner of the General Land OfficeTexas Supreme Court · 1866
15 more not listed; retrieve them via the Exa API.