· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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