Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 514
viii, 704 p. ; 22 cm.View a full description of this book.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
514 GRIFFIN V. WAKELEE. [Term of
Argument for the appellant.
and entitled to the custody of the records of said Criminal
District Court, and ordering that a writ of mandamus issue to
Royston requiring him to deliver over to Griffiin said office,
together with all the records of said Criminal District Court;
that upon the rendition of said judgment, Royston gave notice
of appeal, and subsequently had filed his appeal bond, which
appeal bond had been, December 15, 1874, approved by said
Wakelee as clerk; that on December 21, 1874, plaintiff applied
to Wakelee for the issuance of the writ of mandamus as
required by said order, and that Wakelee refused to issue the
writ; that pending the appeal plaintiff was entitled to the possession
of the records of the said Criminal District Court and
to exercise the duties and have the privileges of said office;
that plaintiff cannot obtain possession of the franchises of said
office and records during appeal, except by the process of this
court, requiring its clerk to issue the writ of mandamus according
to the said order and judgment of the court. Prayer for
citation to Wakelee and that he be required to issue the writ of
mandamus, or show cause why a peremptory mandamus should
not issue to him requiring him to issue such writ.
Wakelee answered that Royston had perfected his appeal by
giving appeal bond.
The allegations of fact in both petition and answer were admitted,
and the case being submitted to the judge a judgment
was rendered for defendant, from which Griffin prosecuted his
appeal.
The errors assigned are:
1. The judgment of the court is against the law and the
evidence.
2. The judgment should have been for plaintiff.
Wm. H. Stewart, for appellant, cited Griffin v. Steele, 1 Edmnond's
Select Cases, N. Y.' 505; Pinckney v. Hanegan, 2 Strobhort
(S. C. R.), 250.
F. Charles Hutee cited United States v. Columbian Ins.
Upcoming Pages
Here’s what’s next.
Search Inside
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28531/m1/522/: accessed May 2, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .