Kimberly v. Morris
Texas Supreme Court
Questions Certified from Court of Civil Appeals for Fifth District, in an appeal from Hopkins County. Questions submitted: Under the Revised Statutes, article 3227, as amended by the Act of the Legislature approved March 29,1893 (Acts 1893, page 48), where the requisite number of qualified voters of a county have petitioned the County Commissioners Court to order an election to determine whether or not the sale of intoxicating liquors shall be prohibited in such county, in a…
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Questions Certified from Court of Civil Appeals for Fifth District, in an appeal from Hopkins County. Questions submitted: Under the Revised Statutes, article 3227, as amended by the Act of the Legislature approved March 29,1893 (Acts 1893, page 48), where the requisite number of qualified voters of a county have petitioned the County Commissioners Court to order an election to determine whether or not the sale of intoxicating liquors shall be prohibited in such county, in a case where there is no contested or doubtful issue of fact, and where it is clearly the duty of the Commissioners Court…
1Opinion of the Court
GAINES, Chiee Justice.
The statute referred to in the question certified makes it the duty of the Commissioners Court of a county to order an election upon the petition of 250 voters of the county. It confers upon the voters so petitioning a clear legal right to have the election ordered; and if the court upon its refusal to make the order can not be compelled by mandamus, it leaves them without a remedy for the enforcement of the right. It is a matter in which, from its nature, the petitioners can not have a pecuniary interest; but since the law expressly confers the right to demand the…
2Cases cited25 opinions
- Union Pacific Railroad v. HallSupreme Court of the United States · 1876
- People ex rel. Case v. CollinsNew York Supreme Court · 1837
- Attorney General v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Arberry v. BeaversTexas Supreme Court · 1851
- Sansom v. MercerTexas Supreme Court · 1887
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3Cited by29 opinions
- W.D. Yett, Mayor v. CookTexas Supreme Court · 1926
- Norris v. Cross, Secretary of StateSupreme Court of Oklahoma · 1909
- Good v. Common CouncilCalifornia Court of Appeal · 1907
- Lacey v. State Banking BoardTexas Supreme Court · 1928
- Boynton v. BrownCourt of Appeals of Texas · 1914
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