Legal Opinion

Meyer v. Carolan

Texas Supreme Court

Decided July 1, 1852PublishedCited by 12 opinions

Appeal from Bexar. Wilhelmina Meyer applied to Chief Justice Hemphill, in vacation, for an alternative mandamus against Cavolan, clerk of tlie District Court of the county of Bexar, to approve a certain appeal bond and send up the transcript of the record in a certain case wherein said Moyer was plaintiff and two others were defendants.

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Appeal from Bexar. Wilhelmina Meyer applied to Chief Justice Hemphill, in vacation, for an alternative mandamus against Cavolan, clerk of tlie District Court of the county of Bexar, to approve a certain appeal bond and send up the transcript of the record in a certain case wherein said Moyer was plaintiff and two others were defendants. The alternative mandamus was issued, commanding tlie clerk to approve the bond which was sent with the writ, and send up a transcript of the record in said case, or show cause to the contrary ■on the iirst day of the next term of the Supreme Court to be held…

1Opinion of the CourtLipscomb, J.

The clerk of the District Court for the county of Bexar, to a rule upon him issued under the order of one of the judges of tiiis court (o show cause why a mandamus should not issue to him requiring him to take and receive the bond tendered to him as an appeal bond from the judgment of the said District Court, has shown cause, and now, by his counsel, asks (o be discharged on two grounds: first, that it is not a case, as made, out by (lie relator, in which the writ of mandamus should or could be legally issued; and, secondly, that if the case as presented would authorize the issuance of the…

2Cases cited3 opinions

  1. McIntire v. WoodSupreme Court of the United States · 1813
  2. McClung v. SillimanSupreme Court of the United States · 1821
  3. Board of Land Commissioners of Milam County v. BellTexas Supreme Court · 1840

3Cited by12 opinions

  1. King v. GuerraCourt of Appeals of Texas · 1927
  2. W.D. Yett, Mayor v. CookTexas Supreme Court · 1926
  3. Heaton v. BristolCourt of Appeals of Texas · 1958
  4. Donna Independent School Dist. v. First State Bank of DonnaCourt of Appeals of Texas · 1921
  5. Jones v. McMahanTexas Supreme Court · 1868

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