Legal Opinion

Davis v. State ex rel. Wren

Court of Appeals of Texas

Decided December 17, 1889No. 7081PublishedCited by 66 opinions

Appeal from Hays. Tried below before Hon. H. Teichmneller. ' This is a quo warranto case on the relation of Wren to try the right to the office of sheriff of Hays County for the term of two years from the general election in November, 1888. Wren was the sheriff incumbent, and a candidate for re-election, J. S. Davis being his opponent.

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Appeal from Hays. Tried below before Hon. H. Teichmneller. ' This is a quo warranto case on the relation of Wren to try the right to the office of sheriff of Hays County for the term of two years from the general election in November, 1888. Wren was the sheriff incumbent, and a candidate for re-election, J. S. Davis being his opponent. There was a relation by Wren, and thereon was founded an information in the nature of quo warranto, the court having granted leave to file it. Defendant answered setting up various matters of defense: demurrer, general and special; general denial; and then…

1Opinion of the Court

GAINES, Associate Justice.

This was an information in the nature of a quo warranto filed upon the relation of J. A. Wren against J. S. Davis, to oust the latter from the office of sheriff of Hays County. At the general election held on the-day of November, 1888, the relator and defendant were candidates for that office. The ground of the action was that although the Commissioners Court had declared the result in favor of Davis, Wren had actually received a majority of the legal votes. The case having been tried without a jury, the court found that the relator and respondent had received an…

2Cases cited5 opinions

  1. City of Chicago v. GageIllinois Supreme Court · 1880
  2. Railroad Co. v. HechtSupreme Court of the United States · 1877
  3. Beasley v. PeopleIllinois Supreme Court · 1878
  4. Wheeler v. City of ChicagoIllinois Supreme Court · 1860
  5. People ex rel. Gregory v. LoveNew York Supreme Court · 1872

3Cited by66 opinions

  1. Bowers v. SmithSupreme Court of Missouri · 1892
  2. Duncan v. WillisTexas Supreme Court · 1957
  3. People ex rel. Agnew v. GrahamIllinois Supreme Court · 1915
  4. Gibson v. DavisCourt of Appeals of Texas · 1921
  5. Harrison v. JayTexas Supreme Court · 1954

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