Duer v. Police Court

Citations

• 34 Tex. 283

Syllabus

<p>1. A police court, exercising the powers of road commissioners conferred upon it by the Constitution of 1866, was in the nature of a special commission; and was not an “ inferior tribunal ” within the meaning of section six of article four of that Constitution, which conferred on the 'district courts appellate jurisdiction from all inferior tribunals.</p> <p>2. A district court, under the Constitution of 1866, had no jurisdiction to enjoin a police court from opening a public road, when the injunction was sought substantially because of the alleged inadequacy of the damages awarded to the plaintiff, over whose land the road was to be opened.</p> <p>3. The remedy by injunction, however, would have been available to restrain a police court from transcending its legal province and doing any act in open violation of private rights and in abuse of its own discretion.</p>