Chemical Bank & Trust Company, Relator v. Honorable J. M. Falkner, Banking Commissioner of Texas, Respondent

Summary

The Texas Supreme Court held that the Banking Commissioner is a state officer subject to mandamus, that he must issue a certificate of authority once statutory prerequisites are satisfied despite a pending appeal, and that the statutory provision authorizing a de novo trial of the Board's decision is unconstitutional. The Court granted the writ of mandamus, ordering issuance of the certificate. Justice CALVERT dissented, arguing the de novo provision is constitutional and that the appeal suspends the Board's order.