Gerald S. Gordon, Relators v. Honorable P. Frank Lake

Summary

The Texas Supreme Court held that Article 1303b of the Business Corporation Act was not repealed by the 1955 Act and therefore remained in force, obligating the Secretary of State to file the relators' charter; the Court granted mandamus. Justice Griffin dissented, arguing the Court lacked jurisdiction and that the relators were required to appeal under Art. 9.04.