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· 1/26/1949

Heinatz v. Allen

Citations

  • 147 Tex. 512
  • 217 S.W.2d 994
  • 1949 Tex. LEXIS 441

How courts have described this case

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

  • holding that trial court’s failure to timely hold forfeiture hearing did not warrant dismissal of the case
  • concluding that failure to hold forfeiture case hearing within statutorily required 30-day period did not require dismissal
  • holding that dismissal is not a consequence of State = s mandatory duty to hold forfeiture hearing within the prescribed time
  • holding that dismissal is not a consequence of State’s mandatory duty to hold forfeiture hearing within the prescribed time
  • holding that failure to hold forfeiture case hearing within statutorily required 30-day period did not require dismissal, explaining “[T]he issue is not whether ‘shall’ is mandatory, but what consequences follow a failure to comply.”
  • noting that the issue is not the use of mandatory language \but what consequences follow a failure to comply\

Source: CourtListener parenthetical corpus (CC0).

Judges: Smedley

Read full opinion on CourtListener

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.