[Download] "Davis v. Wildenthal" by El Paso Court of Civil Appeals of Texas ~ Book PDF Kindle ePub Free

May 11, 2021

eBook details

Title: Davis v. Wildenthal
Author : El Paso Court of Civil Appeals of Texas
Release Date : January 12, 1951
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 50 KB

Description

In his motion for a re-hearing appellee insists that we were in error in holding that La Salle County was a necessary and indispensable party to this suit. He cites and relies heavily on Terrell v. Middleton, Tex.Civ.App., 187 S.W. 367, 369, Wr.ref. 108 Tex. 14, 191 S.W. 1138, with concurring opinion by Mr. Justice Hawkins. This authority unquestionably enunciates the rule that "when a state officer acts without legal authority, he is not acting for or in the interest of the state, and a suit against him is not a suit against the state. * * * Making a state officer a party does not make the state a party, although her law may have prompted his action, and the state may stand behind as a real party in interest."