Legal Opinion · Dissent

Ellison v. Texas Liquor Control Board

Court of Appeals of Texas

Decided July 31, 1941No. 11315Published

1DissentGraves, Justice

The dissent proceeds from these considerations : House Bill No.373 — purportedly enacted by the 47th Legislature on May 19 of 1941 — in the form in which it was signed by the Governor, was indisputably shown by the admissible evidence heard by the court below not to have been actually passed by both houses of the Legislature, as required By Articles' IV, Section 14, and III, Sections 30, 32 and 39, of the Constitution of Texas; it is, therefore, null and void ab initio.

The appellants, in their attacks on the measure in the trial court, protested against its enforcement upon that ground, under…

2Cases cited17 opinions

  1. Day Land & Cattle Co. v. StateTexas Supreme Court · 1887
  2. Murchison v. White, 54 Tex. 78 (Tex. 1880)Texas Supreme Court · 1880
  3. Caples v. ColeTexas Supreme Court · 1937
  4. Parshall v. StateCourt of Criminal Appeals of Texas · 1911
  5. Ewing v. DuncanTexas Supreme Court · 1891

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