Treasurer of State v. Wygall

Citations

• 46 Tex. 447

Syllabus

<p>1. Change of venue—Estates op decedents.—The remedy given to claimants of an estate to bring suit for its recovery, in the county where the letters of administration were issued, (Paschal’sDig., art. 1354,) is subject to the right, of either party to have the venue changed, for any cause provided by the general law governing changes of venue.</p> <p>2. Statute changing remedy—Vested right.—'The Legislature may change, modify, or otherwise regulate the remedy, provided a substantial remedy is left for the assertion of a right. There is no vested right in a particular remedy.</p> <p>3. Change of venue—Estates of decedents—Vested right-state treasurer.—In May, 1871, the Legislature passed an act providing for the change of venue, from Fort Bend county to Travis county of a case against the State treasurer, involving the ownership of assets turned over to the treasurer, under the laws relating to the administration of the estates of deceased persons. The administration was closed in Wharton comity, where the suit was begun, which was afterwards removed, by change of venue, under preexisting law, to Fort Bend comity, in April, 1871: Held—</p> <p>1. That the suit, being against the State treasurer in his official, and not in his individual capacity, was in effect a suit against the State, whicii had been permitted under a statute applicable to it; and that the Legislature had power to protect the interests of the State, by requiring the particular suit, and all others of like character, to be removed to the District Court, at the State capital, in Travis county, where the interests of the State could be more conveniently protected.</p> <p>2. Though the exercise of a legislative powxer, thus to provide for a change of venue after suit brought, might be used oppressively, the lack of such a power might result in the perpetration of the most flagrant injustice.</p> <p>3. Where the State has, under her laws, assumed a trust in the custody of an estate not claimed by heirs,