McFall v. State Bd. of Educ

In McFall v. State Bd. of Educ., 101 Tex. 572, 110 S.W. 739, 740 (Tex. 1908), the relator requested this Court to issue mandamus against certain individuals -- the Governor, the Comptroller, and the Secretary of State -- who constituted the State Board of Education. McFall, 110 S.W. at 739. Because the Court did not have original mandamus jurisdiction over the Governor, the Court concluded that it could not grant relief. Without further elaboration, the Court only stated that "the writ must go against all or none. . . ." McFall, 110 S.W. at 740. The Court then noted that, in any event, it could not grant the relief requested because the relator asked the Court to set aside the Board's order and to make a different decision. McFall, 110 S.W. at 740. Because we cannot issue mandamus to compel a tribunal to decide an issue in a certain way, the Court suggested that the relator seek mandamus relief in the trial court against a lesser school official who had authority to carry out the board's order. McFall, 110 S.W. at 740.