Mingus, Receiver v. Wadley

Status

505 later cases cite Mingus, Receiver v. Wadley; 104 of those citations sat close to treatment language and were flagged for reading; 102 of them have been read, and the text of 2 citing opinions could not be retrieved, so those remain unread. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Treatments

Overruled in Part

• The Supreme Court of Texas overruled Mingus to the extent it treated a plaintiff's failure to establish a statutory prerequisite as a defect in subject-matter jurisdiction.

  Dubai Petroleum Co. v. Kazi · Supreme Court of Texas · filed February 10, 2000

  We therefore overrule Mingus to the extent that it characterized the plaintiffs failure to establish a statutory prerequisite as jurisdictional. The trial court in this case had jurisdiction because a claim for wrongful death was within its constitutional jurisdiction, not because the plaintiffs satisfied all the grounds listed in former section 71.031(a).

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Superseded by Statute

• The Supreme Court of Texas recognized that article 8307a superseded Mingus's rule that a court outside the county of injury could only dismiss a workers' compensation suit, allowing an otherwise competent court to transfer the case instead.

  Federal Underwriters Exchange v. Pugh · Supreme Court of Texas · filed October 6, 1943

  It is settled by the decisions of this Court that the provision of Section 5 of Article 8307, just quoted, considered alone, requiring suits to set aside the final rulings and awards of the Industrial Accident Board to be filed in the county where the injury occurred, was mandatory and jurisdictional, and that the courts of no other county had jurisdiction to hear or determine such suits. Mingus v. Wadley, 115 Texas 551, 285 S. W. 1084; ... Prior to the effective date of Article 8307a, supra, where a workmen’s compensation case was filed in a court outside the county where the injury occurred, such court had no jurisdiction to do anything in regard thereto, except to dismiss. Such court could not even transfer the cause to the court having jurisdiction of the subject matter in the county where the injury occurred. The above statute relieves against that situation, and permits the transfer of compensation cases in instances where such cases have been filed in a court outside the county where the injury occurred.

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• The Texas Court of Appeals recognized that legislation changed the particular workers' compensation venue provision decided in Mingus while leaving its broader mandatory-procedure principle intact.

  Braden v. Transport Insurance Co. · Texas Court of Appeals · filed November 8, 1957

  After Mingus v. Wadley, 115 Tex. 551, 285 S.W. 1084 in 1926, the Legislature in 1981 amended the Workmen’s Compensation Act so that particular section of the Act litigated in the Mingus case (concerning proper venue), was changed. See Arts. 8307a and 8307b, V.A.C.S. However tlie general principle announced in the Mingus case was not changed by the legislative enactments; and our courts have continued to hold that the procedural provisions of the Workmen’s Compensation Act are mandatory.

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