State v. Johnson

PLY, O. J.

The state of Texas, upon the relation of D. P. Davis, county attorney, of Bexar county, sought by quo warranto to oust appellee from the office of deputy constable of precinct No. 6, Bexar county, upon the ground that he had not been legally appointed to the office. The district judge sustained a general demurrer to the petition.

The appointment of the deputy constable was made under the authority of article 3902, as amended by Acts 42nd Leg. (1931) e. 214, § 2 (Vernon’s Ann. Oiv. St. art. 3902) by article 0879a (Vernon’s Ann. Civ. St.), Acts of the 42nd Leg., e. 2S0.

Article 3902,…