58 SW2D 19 - Caples v. Walker

How this case has been cited

Cited by 49 later decisions — most recently January 2014 · most notably King v. McGuff (1950), Schneider National Carriers, Inc. v. Bates (2004)

4 federal appellate · 44 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

LEDDY, Judge.

¶1Respondent J. H. Walker, land commissioner, has filed a motion in this ease asking that the leave heretofore granted relator to file petition for mandamus be withdrawn and the application dismissed, upon the ground that the land‘upon which relator seeks a mandamus to compel him to issue a mineral lease was patented to M. T. Cole prior to the filing of relator’s petition in the Supreme Court.

¶2The question raised by this motion has been determined in favor of respondent’s contention in W. J. Caples, Relator, v. J. H. Walker, et al., Respondents (Tex. Com. App.) 57 S.W.(2d) 17, this day decided. For the reasons there assigned, the motion must be sustained.

¶3We therefore recommend that respondent’s motion be granted, and that leave to file petition for mandamus heretofore granted relator be withdrawn and the application dismissed.

CURETON, Chief Justice.

¶4Leave to file petition for mandamus is withdrawn, and petition is dismissed.