Hood v. Cain

3 Citing cases

  1. Smith v. Flack

    728 S.W.2d 784 (Tex. Crim. App. 1987)   Cited 88 times
    Holding a case, involving interpretation of article 26.05 of the Code of Criminal Procedure, was a “criminal law matter”

    Several courts of appeals have found, in cases similar to the instant case, that a civil suit is an inadequate remedy at law to compel a county to pay a claim for money. Guerra v. Weatherly, 291 S.W.2d 493, 496 (Tex.Civ.App. — Waco 1956, no writ); Wichita County v. Griffin, 284 S.W.2d 253, 256 (Tex.Civ.App. — Fort Worth 1955, writ ref'd n.r.e.); Chrestman v. Tompkins, supra; Ham v. Garvey, 155 S.W.2d 976 (Tex.Civ.App. — San Antonio 1941, no writ); Hood v. Cain, 32 S.W.2d 485 (Tex.Civ.App. — El Paso 1930, writ refused). Respondents cite two cases from the courts of appeals in support of their claim that a civil suit is an adequate remedy under the instant circumstances.

  2. Smith v. Mccoy

    533 S.W.2d 457 (Tex. Civ. App. 1976)   Cited 38 times
    Addressing articles 1660 and 1661, the statutory predecessors to Local Government Code sections 133.064-.065

    The auditor, of course, may neither arbitrarily nor in contravention of law withhold approval of payment. See Guerra v. Weatherly, 291 S.W.2d 493 (Tex.Civ.App. — Waco 1956, no writ); Ham v. Garvey, 155 S.W.2d 976 (Tex.Civ.App. — San. Antonio 1941, no writ); Hood v. Cain, 32 S.W.2d 485 (Tex.Civ.App. — Amarillo 1930, writ ref'd). These cases stand for the proposition that when plaintiff proves that he is entitled to payment as a matter of law, and, when there is no legal justification for the auditor withholding approval of the claim or payment thereof, mandamus will lie. This is true because the refusal of the auditor in these instances would be an abuse of his discretion.

  3. Ramirez v. Flores

    505 S.W.2d 406 (Tex. Civ. App. 1974)   Cited 22 times
    Holding that county commissioner automatically resigned under article XVI, section 65 of Texas Constitution when he applied to have his name placed on ballot as candidate for trustee of county independent school district while more than one year of his term as county commissioner remained

    However, appellee asserts that the remedy of mandamus was and is a proper remedy under the facts in this case. See Martin v. Sheppard, 129 Tex. 110, 102 S.W.2d 1036 (1937); Simpson v. Williams Rural High School District, 153 S.W.2d 852 (Tex.Civ.App.-Amarillo 1941, writ ref'd); Hood County Judge v. Cain, 32 S.W.2d 485 (Tex.Civ.App.-Amarillo 1930, writ ref'd). In some jurisdictions mandamus has been granted to compel the payment of salary though title to the office was incidentally involved.