Millikin v. Jeffrey, District Judge

MORROW, Presiding Judge, LATTIMORE and HAWKINS, Judges.

Under the above title there is presented to this court an application for a writ of mandamus.

Pursuant to Article 5, Section 5 of the Constitution of Texas, the statutory law confers authority upon this court to issue writs of mandamus agreeable to the principles of law regarding such writs “to enforce its jurisdiction.” (Acts of 40th Leg., Chap. 38.)

In another statute it is declared:

“No mandamus shall be granted on ex parte hearing; and any peremptory mandamus granted without notice shall be abated on motion.” (R. S. 1925, Art. 2328.)

Under…