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Texas Constitution:Article I, Section 13: Difference between revisions

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Texas Constitution:Article I, Section 13 (view source)

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{{DISPLAYTITLE:Article I, Section 13 of the Texas Constitution (''<small>"Excessive Bail or Fines; Cruel or Unusual Punishment; Open Courts; Due Course of Law"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876:
{{DISPLAYTITLE:Article I, Section 13 of the Texas Constitution (''<small>"Excessive Bail or Fines; Cruel or Unusual Punishment; Open Courts"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876:


'''Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law.'''
'''Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law.'''
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Note that the Declaration of Rights in the Republic of Texas constitution and the Bill of Rights in each of the state's first four constitutions contained a section with the same substantive language as this section.
Note that the Declaration of Rights in the Republic of Texas constitution and the Bill of Rights in each of the state's first four constitutions contained a section with the same substantive language as this section.
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* ''Dillingham v. Putnam'', 14 S.W. 303, [https://texaslegalguide.com/images/014_SW_303.pdf#page=3 305] (Tex. 1890) ("We do not wish to be understood to hold that hardships which might and would frequently result if the validity of such a law as that in question was sustained would furnish . . . but to hold that a law which denies to any individual, whether acting in his own right or in a fiduciary capacity, or to a corporation, the right to appeal unless a ''supersedeas'' bond is executed, is violative of the constitution in that it deprives this court, if given effect, of jurisdiction conferred on it by the constitution, and deprives the party seeking revision of a judgment here of remedy by due course of law.")
* ''Dillingham v. Putnam'', 14 S.W. 303, [https://texaslegalguide.com/images/014_SW_303.pdf#page=3 305] (Tex. 1890) ("We do not wish to be understood to hold that hardships which might and would frequently result if the validity of such a law as that in question was sustained would furnish . . . but to hold that a law which denies to any individual, whether acting in his own right or in a fiduciary capacity, or to a corporation, the right to appeal unless a ''supersedeas'' bond is executed, is violative of the constitution in that it deprives this court, if given effect, of jurisdiction conferred on it by the constitution, and deprives the party seeking revision of a judgment here of remedy by due course of law.")


* ''Texas Mexican Ry. Co. v. Locke'', 63 Tex. 623, [https://texaslegalguide.com/images/63_Tex._623.pdf#page=6 628] (1885) ("Such a construction as that contended for by the appellees cannot be maintained either upon reason or by authority. If it is true, then there is no court in which appellant can secure an adjudication upon its rights. And that would render the declaration in the Bill of Rights, that 'all courts shall be open, and every person for an injury done him in his lands, goods, person or reputation shall have remedy by due course of law,' the merest bombast. What profit is it to appellant that 'all courts are open,' if in none of these it can secure a remedy 'by due course of law?'")
* ''Texas Mexican Ry. Co. v. Locke'', 63 Tex. 623, [https://texaslegalguide.com/images/063_Tex_623.pdf#page=6 628] (1885) ("Such a construction as that contended for by the appellees cannot be maintained either upon reason or by authority. If it is true, then there is no court in which appellant can secure an adjudication upon its rights. And that would render the declaration in the Bill of Rights, that 'all courts shall be open, and every person for an injury done him in his lands, goods, person or reputation shall have remedy by due course of law,' the merest bombast. What profit is it to appellant that 'all courts are open,' if in none of these it can secure a remedy 'by due course of law?'")


* ''County of Anderson v. Kennedy'', 58 Tex. 616, [https://texaslegalguide.com/images/58_Tex._616.pdf#page=7 622-23] (1883) ("It would be hard to believe that it was the intention of the constitution to give to no courts the power to hear and determine a multitude of questions which affect the welfare of the people most vitally, which, however, cannot be exactly measured by dollars and cents or defined by subject matter. Purvis ''v''. Sherrod, 12 Tex. 160. If such be true of the present constitution, then the declaration in the bill of rights that 'all courts shall be open, and every person, for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law,' is a mockery.")
* ''County of Anderson v. Kennedy'', 58 Tex. 616, [https://texaslegalguide.com/images/058_Tex_616.pdf#page=7 622-23] (1883) ("It would be hard to believe that it was the intention of the constitution to give to no courts the power to hear and determine a multitude of questions which affect the welfare of the people most vitally, which, however, cannot be exactly measured by dollars and cents or defined by subject matter. Purvis ''v''. Sherrod, 12 Tex. 160. If such be true of the present constitution, then the declaration in the bill of rights that 'all courts shall be open, and every person, for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law,' is a mockery.")


* ''Giddings v. City of San Antonio'', 47 Tex. 548, [https://texaslegalguide.com/images/47_Tex._548.pdf#page=10 557] (1877) ("The same question, upon the same class of claims . . . . While it is of the highest importance that the courts should be open at all times for the assertion of rights that are believed to be well founded, it would be unfortunate that it should be thought practicable, on a doubtful question, to easily procure a change of decision with every change in the members, who might, from time to time, compose the Supreme Court. This question is, therefore, not before us as one of first impression, but stands with the weight in favor of an affirmance of the last decision of this court upon it.")
* ''Giddings v. City of San Antonio'', 47 Tex. 548, [https://texaslegalguide.com/images/047_Tex_548.pdf#page=10 557] (1877) ("The same question, upon the same class of claims . . . . While it is of the highest importance that the courts should be open at all times for the assertion of rights that are believed to be well founded, it would be unfortunate that it should be thought practicable, on a doubtful question, to easily procure a change of decision with every change in the members, who might, from time to time, compose the Supreme Court. This question is, therefore, not before us as one of first impression, but stands with the weight in favor of an affirmance of the last decision of this court upon it.")


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|seo_title=Article I, Section 13 of the Texas Constitution ("Excessive Bail or Fines; Cruel or Unusual Punishment; Open Courts")
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|seo_keywords=open courts provision, Article 1 Section 13, excessive bail
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|seo_description=All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law.
|seo_image_alt=Texas Bill of Rights
|seo_image_alt=Texas Bill of Rights


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[[Category:Accident & Injury Law]]
[[Category:Accident & Injury Law]]
[[Category:TxCon ArtI Sec]]
[[Category:TxCon ArtI Sec]]
[[Category:WikiSEO Extension]]{{#seo:|author=Steven W. Smith|section=Law|published_time=01-01-2015|title=Article I, Section 13 of the Texas Constitution ("Excessive Bail or Fines; Cruel or Unusual Punishment; Open Courts; Due Course of Law")|keywords=Article 1 Section 13, excessive fines, Texas open courts provision|description=This section's second sentence is often referred to as the Texas open courts provision. Thirty-nine other states have similar constitutional provisions but the federal constitution does not.}}
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