Allied Finance Company of Bay City v. Falkner, A-11098
| Decision Date | 31 December 1965 |
| Docket Number | No. A-11098,A-11098 |
| Parties | ALLIED FINANCE COMPANY OF BAY CITY et al., Petitioners, v. J. M. FALKNER, Banking Commissioner et al., Respondents. |
| Court | Texas Supreme Court |
Locke, Purnell, Boren, Laney & Neely, J. L. Shook, Dallas, for petitioners.
Waggoner Carr, Atty. Gen., Austin, Ralph R. Rash, Asst. Atty. Gen., for respondents.
The opinion of the Court of Civil Appeals is reported in 394 S.W.2d 208. The application for writ of error filed by the Allied Finance Companies doing business in Louisiana (Lake Charles, Lafayette, Shreveport and Baton Rouge) is dismissed for wand of jurisdiction. The application for writ of error filed by Allied Finance Company of Bay City and the other Allied Finance Companies doing business in Texas is refused, no reversible error.
(1) We approve the holding of the Court of Civil Appeals that the portion of Section 29 of the Texas Regulatory Loan Act of 1963, Acts 1963, 58th Leg., Reg. Sess. ch. 205, p. 550, Article 6165b, Vernon's Ann.Tex.Stats., which provides that the provisions of chapter 165, Acts of the 42nd Legislature, Regular Session, 1931, as amended, compiled as Article 1524a, Vernon's Annotated Civil Statutes of Texas, shall not apply to a licensee under the Texas Regulatory Loan Act of 1963, is void and unenforceable because of a Legislative failure to comply with requirements of Article 3, Section 35 of the Constitution of Texas, Vernon's Ann.St.
(2) We also approve of the action of the Court of Civil Appeals in construing Art. 1524a and the Texas Regulatory Loan Act as if the restrictive application of Art. 1524a as stated in the Title of the Regulatory Loan Act had been incorporated into the body of the Act for the reason that the Regulatory Loan Act, being a later expression of the Legislative will, would constitute an implied repeal of previous laws which were inconsistent with it.
To continue reading
Request your trial
-
Twin City Fire Ins. Co. v. Cortez
...statute enacted more recently must control since it is the latest expression of legislative will and intent. Allied Finance Company of Bay City v. Falkner, 397 S.W.2d 846 (Tex.1965). This rule is particularly applicable here in that the more recent statute deals specifically with the death ......
-
Bexar County Criminal Dist. Attorney's Office v. Mayo, S.F. MAY
...statute remains intact. Falkner v. Allied Finance Co., 394 S.W.2d 208, 214 (Tex.Civ.App.--Austin), writ ref'd. n.r.e. per curiam, 397 S.W.2d 846 (Tex.1965). 2A SUTHERLAND, STATUTORY CONSTRUCTION § 51.08 (4th ed. 1984). Article 42.13 was in effect when Mayo completed her court-ordered superv......
-
Harris County Dist. Attorney's Office v. J.T.S.
...Antonio 1989, no writ); Falkner v. Allied Fin. Co., 394 S.W.2d 208, 214 (Tex.Civ.App.--Austin), writ ref'd n.r.e. per curiam, 397 S.W.2d 846 (Tex.1965). Therefore, any court ordered supervisions which would have satisfied the terms of article 55.01 before the repeal of article 42.13 would s......
-
Beck v. Winegeart, 8163
...Falkner v. Allied Finance Company of Bay City, 394 S.W.2d 208, 215 (Tex.Civ.App.--Austin 1965, writ ref'd n.r.e., in an opinion at 397 S.W.2d 846). Since the ultimate subject of the bill is expressed in its title, any provision that is germane, reasonably incidental, subsidiary or connected......