Ben M. Terrell v. S. P. Greene, District Judge

Summary

The Texas Supreme Court granted a writ of mandamus ordering the district judge to permit County Attorney Ben M. Terrell to appear, prosecute, and control the suit against the county treasurer. The Court held that Article 260 of the Revised Statutes gives the county attorney both the power and duty to bring such actions and that mandamus is appropriate where a public officer is unlawfully denied a non‑discretionary statutory function.