State Banking Bd. v. Winters State Bank

In State Banking Bd. v. Winters State Bank, 13 S.W.2d 391 (Tex. Civ. App.--Austin 1929, writ ref'd), the court of appeals held that, although the banking commissioner did have a duty to pay funds as alleged, the State Banking Board had not waived its sovereign immunity from a suit to recover monies from the guaranty fund. Winters State Bank, 13 S.W.2d at 392. But the court of appeals opined that, because "it is the clear ministerial duty of the state banking board and the banking commissioner to return [the funds]," the plaintiff could seek mandamus from this Court. Winters State Bank, 13 S.W.2d at 393. For this proposition, the court of appeals cited a predecessor statute to section 22.002(c), the provision conferring original mandamus jurisdiction on this Court to compel officers of the State's executive departments to perform ministerial duties. Winters State Bank, 13 S.W.2d at 393.