[DOWNLOAD] "Bank North America v. State Banking Board State Texas" by The Supreme Court of Texas No. B-3568 " Book PDF Kindle ePub Free

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• Title: Bank North America v. State Banking Board State Texas
• Author : The Supreme Court of Texas No. B-3568
• Release Date : January 21, 1973
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

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Per Curiam In affirming the judgment of the trial court that the State Banking Board's granting of a bank charter to the Southeast Bank in Houston is reasonably supported by substantial evidence, the Court of Civil Appeals has held that Petitioner was not entitled to a jury trial on the issues then before the trial court. 482 S.W.2d 923. The application for writ of error is refused on the ground that the judgment of the Court of Civil Appeals presents no reversible error. It should be noted that Petitioner asserted in a single suit a double-barrelled attack on the Board's granting of the charter to the Southeast Bank. The first, denominated as ""an original suit brought upon matters upon which this Court has original jurisdiction"" was based primarily upon allegations that the Board's order is void because of alleged control and domination of the operations of the newly chartered bank by another bank in violation of the anti-trust laws and Article XVI, Section 16 of The Texas Constitution. The second attack was in the form of the usual type of appeal from the Board's action under Article 342-115. No severance of the causes of action was sought. After sustaining exceptions to many allegations relevant to the first cause of action, the Court struck the case from the jury docket over Petitioner's objection and proceeded to try the appeal under the substantial evidence rule. The trial court's judgment recited that ""all parties agreed in open court that the issue remaining in the case...was whether the applicants for Southeast Bank were acting in good faith...."" This was an issue for original Board determination. It was decided in favor of Southeast Bank and affirmed on review by the trial court as being reasonably supported by substantial evidence. Whether the order of an administrative agency is reasonably supported by substantial evidence is a question of law to be resolved by the court without intervention of a jury. Board of Water Engineers, et al. v. Colorado Municipal Water District, et al., 152 Tex. 77, 254 S.W.2d 369 (1953). See also Texas State Board of Examiners in Optometry, et al. v. Carp, 388 S.W.2d 409 (Tex. 1965); Southern Canal Co. v. State Board of Water Engineers, 159 Tex. 227, 318 S.W.2d 619 (1958).

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