Eubanks v. Tucker

Plaintiffs pray that defendants be enjoined and restrained:(a) From arresting and prosecuting them in the Courts of Texas for having in their possession, etc., fish of a size, etc. violative of the Texas Statutes.(b) From seizing, etc., such fish.

1. On the question of enjoining Plaintiffs’ arrest and prosecution under the Texas statutes, I see no difference in principle between this case and the cases of Douglass v. Jeannette, 319 U.S. 157, 159, 63 S.Ct. 877, 882, 87 L.Ed. 1324, and Lee v. City of El Campo, 5 Cir., 135 F.2d 740; Id., D. C., 50 F.Supp. 411, and think plaintiffs’ bill to enjoin…