Jordan v. Crudgington

225 S.W.2d 917, 1949 Tex. App. LEXIS 1873
CourtCourt of Appeals of Texas
DecidedDecember 9, 1949
DocketNo. 15091
StatusPublished
Cited by5 cases

This text of 225 S.W.2d 917 (Jordan v. Crudgington) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jordan v. Crudgington, 225 S.W.2d 917, 1949 Tex. App. LEXIS 1873 (Tex. Ct. App. 1949).

Opinion

HALL, Justice.

The 51st Legislature of the State of Texas enacted into law Vernon’s Ann. Civ. St. Article 2338: — 3, styled Court of Domestic Relations, Potter County, which, is known in the record of this case as House Bill No. 250, and shown at page 792 of the General and Special Laws of the 51st Legislature, Regular Session.

Appellee John Crudgington, County Auditor of Potter County, refused to approve vouchers and county warrants for payment of accounts and costs incident to establishing and maintaining said court, on the ground that the law which attempted to establish said court was unconstitutional.

Appellants E. E. Jordan, County Judge of Potter County, acting in such capacity and in behalf of the Commissioners’ Court of said County, filed their petition for writ of mandamus in a district court of said County, praying, among other things, that appellee be ordered to approve said vouchers and accounts presented to him by the bearer thereof.

The parties stipulated that all issues of fact were established by the pleadings, which embraced the refusal of appellee as County Auditor of Potter County to approve the accounts and sign the warrants presented to him to pay the cost of establishing and maintaining said court of domestic relations for Potter County, as set out in House Bill 250.

The case was tried to the court which decreed that said domestic relations court established for Potter County by House Bill 250, 51st Legislature, was for all intents and purposes a district court and [918]*918that since it does not conform to the pattern of a constitutional district court, the act attempting to create it is null and void and of no force and effect.

We find the trial court’s judgment is correct because by a reading of the act it is easily ascertained the Legislature intended that the jurisdiction of said court would be1 equal to the jurisdiction of a district court in certain matters, and yet the act provides for the following:

(1) The judge shall be appointed instead of elected.

(2) The act does not require said judge to hold its term of court at the county seat of said county.

(3) The judge is not required to be an attorney or a judge of a court in this state for four years next preceding his election, according to the requirement set out in section 7, Article V of the Constitution, Vernon’s Ann. St.

(4) The act docs not require the judge to be a resident of Potter County during his term of office.

(5) The act does not require that the judge be a citizen of the United States or of the State of Texas.

(6) Said judge is empowered to impanel grand juries of six members (instead of twelve) and petit juries of six members (instead of twelve).

(7) That said petit juries of six members are authorized to try felony cases which provide for maximum penalty not exceeding two years’ confinement in the state penitentiary.

(8) That the judge of said court would have jurisdiction to try divorce and marriage annulment cases, including the adjustment of property rights involved therein, as well as cases of child support, alimony pending final hearing and adjustment of property rights and any other matter incident to divorce or annulment proceedings.

(9) Salary of said judge shall be paid by the county, such salary to be fixed by the Juvenile Board.

(10) Said Juvenile Board is to be composed of the County Judge of Potter County and the two district judges of said' County.

(11) Said Juvenile Board shall have the power to appoint said judge for a term of four years and said Board shall have authority to remove said judge from office at will for incompetence, malfeasance and misfeasance in office or for conduct unbecoming a member of the judiciary, upon complaint duly filed with, or instituted by the Juvenile Board, after a fair hearing thereon.

(12) Judge of said court to have authority to appoint juvenile officers and investigators as might be deemed necessary to administer jurisdiction, subject to approval of the Commissioners’ Court.

(13) Section 9 provides the judge of said court would have authority to issue injunctions, restraining orders and such other writs as are now or hereafter may be issued under the laws of this state by district courts in matters in which said court has jurisdiction; and also said judge shall have power to punish for contempt.

(14) Said court would have the right to appoint a court reporter and to try the cases in accordance with the practice,, procedure and rules of evidence as now governed by the laws and rules pertaining to district and county courts.

(15) The object of the law is readily recognized in the emergency clause, a portion of which is quoted as follow's: “The fact that there is a present imperative need for combining all matters affecting domestic relations under the authority of a single Court, and the fact that cases involving marital relationships and domestic relations generally are inextricably interwoven with problems of juvenile delinquency and dependent and neglected children requiring that all such matters be handled by a single Court, * *

Appellants rely upon the third paragraph of section 1, Article V of our Constitution, which is as follows: “The Legislature may establish such other courts as it may deem necessary and prescribe the jurisdiction and organization thereof, and may conform the jurisdiction of the District and other inferior courts thereto.”

[919]*919Article V, section 1, of our Constitution sets out in detail, in paragraphs one and two, a pattern of courts which will comprise, in the main, the judiciary of this state, and while it is true it has been held by our Supreme Court in the case of Reasonover v. Reasonover, 122 Tex. 512, 58 S.W.2d 817, and in the late case of State ex rel. Rector et al. v. McClelland, Tex.Sup., 224 S.W.2d 706, handed-down November 30, 1949, that the Legislature has authority to establish additional courts by reason of the third paragraph above enumerated of section 1, Article V of the Constitution, yet it is also noted that the Supreme Court has held in these cases that the Legislature is without authority to remove from the jurisdiction of a district court any of the powers conferred by the Constitution.

While it is true that in the bill attempting to establish this court for Potter County under the act in question there is no attempt to exclude from the jurisdiction of the district court any jurisdictional matters, it does allow such court to share jurisdictional matters set out in our Constitution to be tried in district courts, such as felony criminal cases, impaneling of grand juries, receiving the return of indictments, trial of divorce cases, etc.

We note in the last stated casé wherein the Supreme Court upheld a newly created probate court of Harris County, as provided by House Bill No. 677 of the same Legislature, Vernon’s Ann.Civ.St. art. 1970 — 110a that the provisions pertaining - to the selection and qualification of the judge of such probate court are even greater than those of the county court with which said newly created court is sharing the responsibility of certain jurisdictional matters.

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Bluebook (online)
225 S.W.2d 917, 1949 Tex. App. LEXIS 1873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jordan-v-crudgington-texapp-1949.