Holmes v. State

Citations

• 44 Tex. 631

Syllabus

<p>1. Jurisdiction of mayor’s court.—The Constitution of 1869 provided for five justices of the peace, to be elected for the five justices’ precincts in each county. This excluded the idea of the mayor being ex officio a justice of the peace, either under the general law or under a special act incorporating a city and conferring jurisdiction.</p> <p>2. Same.—The act of 26th May, 1873, (Gen. Laws 13th Leg., p. 99,) amending the general incorporation act and repealing the 24th section of same, (Paschal’s Dig., art. 5270,) may be considered a legislative interpretation of the Constitution, and applying equally to cities incorporated by special acts as to those incorporated under the general laws.</p> <p>3. Same.—A mayor has no jurisdiction to sit as an examining court, or to hold to bail to answer for a felony. A bail bond executed before a mayor in such proceedings is a nullity.</p>