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Roper & Gilley v. Lumpkins

Roper & Gilley v. J. C. Lumpkins Et Al.

Roper & Gilley v. Lumpkins, 230 S.W. 144 (Tex. 1921)
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Court
Texas Supreme Court · State Highest Courts
Decided
April 6, 1921
Docket
No. 2762.
Judges
Phillips
Citations
230 S.W. 144111 Tex. 1071921 Tex. LEXIS 68
Headnotes
Constitutional Law — Pool Booms — Case Followed. The ruling in Ex parte Mitchell, 109 Texas, 11, holding the Local Option Pool Hall Law unconstitutional, is followed and held to control this case. (Pp. 107, 108).
Summary
Error to the Court of Civil Appeals for the Fifth District, in an appeal from Ellis County. Koper and Gilley, being denied an injunction restraining the Commissioners Court of Ellis County from holding an election therein under the Pool Room Law, appealed and on affirmance (163 S. W., 110) obtained writ of error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Phillips

Mr. Chief Justice PHILLIPS delivered the opinion of the court.

The decision of this case turns upon the constitutionality of the Local Option Pool Hall Law enacted by the Thirty-third Legislature. That law was held unconstitutional by this Court in Ex Parte Mitchell, 109 Texas, 11 , 177 S. W., 953 . This holding was afterwards concurred in by the Court of Criminal Appeals, that court receding from the former holding of a majority of its members upon the question, from which former holding Presiding Judge Davidson had *108 dissented. Lyle v. State, 80 Texas Criminal, 606; 193 S. W., 680 .

The decision in Ex Parte Mitchell controls the case, and accord- . ingly the judgments of the Court of Civil Appeals and District Court are reversed and judgment is here rendered for the plaintiffs in error.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1949: 119492026peak 1949 · 1

Relies on it most ⓘ

  1. City of Austin v. Thompson219 S.W.2d 57 (Tex. 1949) · Dissent

Most recent

  1. City of Austin v. Thompson219 S.W.2d 57 (Tex. 1949) · Dissent

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Ex Parte Mitchell, 177 S.W. 953 (Tex. 1915) 25
Lyle v. State, 193 S.W.2d 680 (Tex. Crim. App. 1917) 36

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