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 when statutory prerequisites are satisfied despite a pending appeal, and that the de novo trial provision of Art. 342-115 is unconstitutional. The Court granted the writ of mandamus. Justice CALVERT dissented, arguing that the de novo provision is constitutional and that the appeal nullifies the Commissioner’s duty.