Ex parte Sublett
Court of Appeals of Texas
Habeas Corpus on appeal from the County Court of Rockwall. Tried below before the Hon. A. R. Hartman, County Judge, The appellant was held under a capias based upon an information charging him with a violation of the local option law. He sought his release by writ of habeas corpus, but, being remanded to custody, prosecuted this appeal.
1Opinion of the Court
Hurt, Judge.
A petition for an election oh local option was filed with the county clerk of Rockwall county on November 2, 1876. On the same day, but at an hour subsequent to the filing of the petition, the commissioners court convened in called session and ordered the election.
The election, appellant’s counsel insists, was void because ordered at a called or special session of the court. To this it is answered that the then existing law provided that the court, at its first session after the filing of the petition, should order the election5 and we think the court, whether at a called or…
2Cited by2 opinions
- State v. WebbMissouri Court of Appeals · 1892
- Smith v. BluntCourt of Appeals of Texas · 1939