[Download] "Guerra v. Mcclellan Et Al." by The Texas Court of Criminal Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Guerra v. Mcclellan Et Al.
- Author : The Texas Court of Criminal Appeals
- Release Date : January 21, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
In their motion for rehearing filed herein, appellees say the order of this Court upon reversal, at most, should be one containing "instructions to the court below to issue the temporary injunction only in the event the amended budget (of August 16, 1951) be set aside upon direct attack." It is said that, "In an equitable proceeding such as this, the Trial Court should not be ordered to enjoin the County officials from acting under their Amended Budget until it is shown that same is invalid. The burden of showing its invalidity should be placed upon the complainant where it belongs, and the burden of showing its validity should not be put upon the County officials as a prerequisite to relieving themselves from the onus of an injunction. It is prima facie valid."