Legal Opinion

Grigsby v. Bowles

Texas Supreme Court

Decided November 21, 1890No. 3203PublishedCited by 6 opinions

Original motion from the District Court of Dallas County. This was an application to the Supreme Court by the appellants, who were plaintiffs below, for “an alternative writ of mandamus” against Judge R. E. Burke, judge of the Fourteenth Judicial District, including Dallas County, commanding him to appear before the Supreme Court and show cause “why a peremptory writ of mandamus should not issue commanding him to certify to the Governor of the State of Texas the fact of his…

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Original motion from the District Court of Dallas County. This was an application to the Supreme Court by the appellants, who were plaintiffs below, for “an alternative writ of mandamus” against Judge R. E. Burke, judge of the Fourteenth Judicial District, including Dallas County, commanding him to appear before the Supreme Court and show cause “why a peremptory writ of mandamus should not issue commanding him to certify to the Governor of the State of Texas the fact of his disqualification to try said cause,” etc. June 24,1890, writ issued, returnable June 38 at 10 o’clock. (Justice Henry…

1Opinion of the Court

STAYTON, Chief Justice.

The above entitled cause has long been pending in one of the District Courts for Dallas County, and the judge of that district being- disqualified, and the parties having failed to agree upon a special judge, application was made to the district judge to certify to- the Governor of the State the facts which would require him to appoint a special judge, but this the judge refuses to do.

Plaintiffs, showing these facts, apply to this court for a writ of mandamus requiring the judge to make to the Governor the certificate which under the conceded facts he ought to make.

Havin…

2Cases cited3 opinions

  1. Schultze v. McLearyTexas Supreme Court · 1889
  2. City of Laredo v. MartinTexas Supreme Court · 1880
  3. Churchill v. MartinTexas Supreme Court · 1886

3Cited by6 opinions

  1. Ellis v. HarrisonCourt of Appeals of Texas · 1900
  2. Schintz v. MorrisTexas Supreme Court · 1896
  3. Baylor v. TillebachCourt of Appeals of Texas · 1899
  4. Turner v. ChandlerCourt of Appeals of Texas · 1957
  5. Turner v. ChandlerCourt of Appeals of Texas · 1957

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