¶1I concur in overruling the motion for rehearing and that the judgment of the District Court should be reversed because the lands were not subject to location and survey. My opinion is not based on any want of jurisdiction of the District Court to award the writ of mandamus against the Commissioner of the Land Office in a proper case. I refer to my dissenting opinion in the case of Bledsoe v. The International Railroad Company for my views on this question, and concur generally with Justice Moore in his opinion in the present case.
40 Tex. 600
Kuechler v. Wright
Decided July 1, 1874
Texas Supreme Court · decided 1874-07-01
Tried below before the Hon. J. P. Richardson. On the twenty-eighth of June; 1871, George W. Wright filed in the District Court of Travis county his petition against Jacob Kuechler, Commissioner of the General Land Office.
Cited by 3 later decisions — most recently May 1915
3 state decisions
Cited in Ballentine's (1916)’s definition of “Peremptory mandamus”
Good law ✅— No negative treatment on recordhow we know
Decided 1874-07-01
View the full empirical analysis of this case →