Texas Supreme Court
The State of Texas v. Honorable Bryce Ferguson, District Judge; the State of Texas v. Honorable…
March 1, 1939133 Tex. 60
Summary
The Texas Supreme Court granted the petition for mandamus, holding that a district judge lacks authority to issue an injunction that suspends the enforcement of valid criminal statutes by peace officers; the portion of the order restraining license and weight inspectors is void, while the portion restraining other officers is limited to prohibiting actions without a warrant and is upheld. The Court also affirmed its original jurisdiction to issue such writs despite prior appeals to the Court of Civil Appeals.