State Ex Rel. Nicholson v. Humphries

Court of Criminal Appeals of Texas

State Ex Rel. Nicholson v. Humphries

195 S.W. 194, 81 Tex. Crim. 322, 1917 Tex. Crim. App. LEXIS 132

CourtCourt of Criminal Appeals of Texas

DecidedMay 16, 1917

DocketNo. 4327.

StatusPublished

Cited by1 cases

This text of 195 S.W. 194 (State Ex Rel. Nicholson v. Humphries) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State Ex Rel. Nicholson v. Humphries, 195 S.W. 194, 81 Tex. Crim. 322, 1917 Tex. Crim. App. LEXIS 132 (Tex. 1917).

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Opinion

MORROW, Judge.

This proceeding was filed in the Court of Criminal Appeals by A. C. Nicholson, county judge of Collingsworth County, and others, charging that Hugh L. Humphries, judge of- the District Court of the Forty-seventh Judicial District of Texas, had issued a writ of injunction restraining the relators, including the county judge, county attorney and sheriff of Collingsworth County, from proceeding against Wiles & Cunningham, a partnership composed of Dick Wiles and John Cunningham, for violating the provisions of chapter 74 of, the Acts of the Thirty-third Legislature, known as the Pool Hall Law, said relators seeldng from this court a writ of prohibition commanding the said Hugh L. Humphries, judge of the Forty-seventh Judicial District, to take no further proceeding in the said injunction matter.

On presentation of the petition to this court on December 8, 1916, an order was issued as follows:

“The clerk will file and docket this petition. The writs prayed for are granted. The clerk will at once issue them as prayed, and also give notice to said parties to appear before this court in open session on January 3, 1917, to show cause why said parties should not be *323 prohibited and said writs and order should not he perpetuated and made final. A. 0. Prenclergast, Presiding Judge.”

At a later date of the present term, in the case of Lyle v. State, which is reported-in 80 Texas Crim. Rep., 606, 193 S. W. Rep., 680, chapter 74 of the Acts of the Thirty-third Legislature was declared void, and in consequence of this decision it becomes unnecessary to consider the application in this case or further discuss any questions of practice involved.

It is directed that the order made in this cause December 8, 1916/ and copied above, he set aside and this proceeding dismissed from the docket of this court.

Dismissed.

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MORROW, Judge.

This proceeding was filed in the Court of Criminal Appeals by A. C. Nicholson, county judge of Collingsworth County, and others, charging that Hugh L. Humphries, judge of- the District Court of the Forty-seventh Judicial District of Texas, had issued a writ of injunction restraining the relators, including the county judge, county attorney and sheriff of Collingsworth County, from proceeding against Wiles & Cunningham, a partnership composed of Dick Wiles and John Cunningham, for violating the provisions of chapter 74 of, the Acts of the Thirty-third Legislature, known as the Pool Hall Law, said relators seeldng from this court a writ of prohibition commanding the said Hugh L. Humphries, judge of the Forty-seventh Judicial District, to take no further proceeding in the said injunction matter.

On presentation of the petition to this court on December 8, 1916, an order was issued as follows:

“The clerk will file and docket this petition. The writs prayed for are granted. The clerk will at once issue them as prayed, and also give notice to said parties to appear before this court in open session on January 3, 1917, to show cause why said parties should not be *323 prohibited and said writs and order should not he perpetuated and made final. A. 0. Prenclergast, Presiding Judge.”

At a later date of the present term, in the case of Lyle v. State, which is reported-in 80 Texas Crim. Rep., 606, 193 S. W. Rep., 680, chapter 74 of the Acts of the Thirty-third Legislature was declared void, and in consequence of this decision it becomes unnecessary to consider the application in this case or further discuss any questions of practice involved.

It is directed that the order made in this cause December 8, 1916/ and copied above, he set aside and this proceeding dismissed from the docket of this court.

Dismissed.

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Bluebook (online)

195 S.W. 194, 81 Tex. Crim. 322, 1917 Tex. Crim. App. LEXIS 132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-nicholson-v-humphries-texcrimapp-1917.

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