City of Houston v. Hill
This case is an appeal from a mandamus proceeding where the City of Houston and its controller, George Greanias, challenged a writ of mandamus ordering Greanias to pay Jay Howard Hill. Hill had previously obtained a "bad faith judgment" against the City, which the City sought to set aside through a bill of review due to alleged lack of notice. The appellate court addressed whether the city controller had discretion to refuse payment given the pending bill of review. It ruled that a municipality, exempt from execution, could use a pending bill of review as a defense in a mandamus action, provided it demonstrated a probable right of prevailing and probable irreparable injury. As Hill failed to refute the basis for Greanias's refusal, the appellate court reversed the trial court's judgment and denied the writ of mandamus.