The State of Texas v. T. W. Lain

Summary

The Texas Supreme Court affirmed the trial court and Court of Civil Appeals judgments, holding that legislative consent is not required to sue state officials when the state does not hold title, that the plaintiffs' title is not burdened by public rights, that the United States is not an indispensable party, and that the supersedeas bond was not excessive. Justice CULVER dissented, arguing that the state possessed a public right to the land for highway and ferry purposes.