Republic of Texas v. McCulloch
This text of 1 Dallam 357 (Republic of Texas v. McCulloch) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
It is the opinion of the court that this case can not be considered by the court under the authority of the forty-third section of an act establishing the powers and jurisdiction of the district court. A judge of that court may reserve any point in criminal law for the decision of the Supreme Court; but the Supreme Court is by the same section bound to pronounce such a decree as the district court should have pronounced. Inasmuch as the prisoners are not before the court to be discharged, committed or bailed, the court has not jurisdiction and can not hear the case in its present form. The points are therefore dismissed.
'Dismissed.
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Cite This Page — Counsel Stack
1 Dallam 357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/republic-of-texas-v-mcculloch-tex-1840.