IN RE DUNCAN

No. 1174.

139 U.S. 449 (1891)

In re DUNCAN, Petitioner.

Supreme Court of United States.

Decided March 30, 1891.


Attorney(s) appearing for the Case

Mr. T.J. McMinn and Mr. A.H. Garland for appellant. Mr. H.J. May was with them on the brief.

Mr. J.S. Hogg, Attorney General of the State of Texas, and Mr. Richard H. Harrison, Assistant Attorney General, for appellee.


MR. CHIEF JUSTICE FULLER delivered the opinion of the court.

By section 1, Article V, of the constitution of Texas, the judicial power of the State was vested "in one Supreme Court, in a Court of Appeals, in District Courts, in county courts, in commissioners' courts, in courts of justices of the peace and in such other courts as may be established by law."

By section 3, the jurisdiction of the Supreme Court was confined to civil cases; by section 6 it was...

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