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Deramus v. Thornton

Citations

  • 333 S.W.2d 824
  • 160 Tex. 494
  • 3 Tex. Sup. Ct. J. 217
  • 1960 Tex. LEXIS 566

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that there may be circumstances in some contempt proceedings that would make a remedy by habeas corpus inadequate, and that would therefore implicate mandamus relief
  • stating that there may be circumstances in some contempt proceedings that would make a remedy by habeas corpus inadequate, and that would therefore implicate mandamus relief
  • stating that conditions may arise in contempt matters in which a writ of habeas corpus would not be adequate and thus, mandamus relief would be the proper remedy
  • holding habeas application premature where trial court had not yet acted to enforce contempt order, observing that “the presumption obtains that a judge will not attempt to enforce a void order and direct confinement thereunder”
  • because the relator was not under restraint, an application for writ of habeas corpus would be premature
  • The validity of a contempt judgment can be attacked only collaterally by a writ of habeas corpus

Source: CourtListener parenthetical corpus (CC0).

Judges: Smith, Culver

Read full opinion on CourtListener

Cited by

90 cases in this archive cite this case; the 20 most cited are listed.

Cites

16 cases in this archive are cited by this case.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.