Jones v. McMahan
Texas Supreme Court
Appeal from Galveston. The case was-tried before Hon. John E. Kinnard, one of the district judges. McMahan & Gilbert, having recovered certain judgments and decrees for the foreclosure of mortgages, applied to the clerk of the district court of Galveston county to issue orders of sale. The clerk refused, because of the stay law, which, not being in any digest, is here printed: “Ah Act regulating the collection of debts.
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Appeal from Galveston. The case was-tried before Hon. John E. Kinnard, one of the district judges. McMahan & Gilbert, having recovered certain judgments and decrees for the foreclosure of mortgages, applied to the clerk of the district court of Galveston county to issue orders of sale. The clerk refused, because of the stay law, which, not being in any digest, is here printed: “Ah Act regulating the collection of debts. “ 1. On all judgments rendered prior to the first day of January, 1867, the judgment debtor shall have twelve months thereafter within which to pay to the plaintiff, his agent…
1Opinion of the CourtMorrill, C. J.
There are two questions raised for our decision in this case:
First. Whether a district judge can issue a writ of mandamus to a clerk of a district court in his judicial district, requiring the clerk to appear before him in a court of a county in which the clerk does not reside, but in the judicial district, and show cause why he does not discharge what the judge considers the,clerk’s official duties.
Second. Whether the act of the legislature, chapter 125, approved 10th Hovember, 1866, commonly called the stay law, is constitutional.
The constitution, article TV", section 6, provides that the “…
2Cases cited3 opinions
- Bronson v. KinzieSupreme Court of the United States · 1843
- Iverson v. ShorterSupreme Court of Alabama · 1846
- Meyer v. CarolanTexas Supreme Court · 1852
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- Travelers Insurance v. MarshallTexas Supreme Court · 1934
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- Weaver v. ToneyCourt of Appeals of Kentucky · 1899
- Black v. EppersonTexas Supreme Court · 1874
- Thorne v. MooreTexas Supreme Court · 1907
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