Gordon v. State
Texas Supreme Court
Appeal from Guadalupe. Tried below before the Hon. John P. White. This was a proceeding instituted on the 3d day of July, 1875, by the district attorney for the county of Guadalupe, to remove John F. Gordon from the office of sheriff, for official misconduct and neglect of official duty.
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Appeal from Guadalupe. Tried below before the Hon. John P. White. This was a proceeding instituted on the 3d day of July, 1875, by the district attorney for the county of Guadalupe, to remove John F. Gordon from the office of sheriff, for official misconduct and neglect of official duty. On the trial, in July, 1875, the presiding judge, without the intervention of a jury, the case being submitted to him, after hearing the ■ evidence and arguments, adjudged that Gordon was unfit longer to hold the office of sheriff, and that the office was vacant. From this judgment Gordon appealed. The…
1Opinion of the Court
Roberts, Chief Justice.
This suit must be dismissed for the want of jurisdiction. The peculiar and summary power to remove the sheriff, conferred by the Constitution of 1869, does not now exist. (Sec. 18, art. 5, Const. 1869.)
The remedy for a removal of the sheriff and other county officers, prescribed in the Constitution of 1876, is different, in that it requires the facts constituting the grounds of removal to be presented in a written charge, and to be found to be true by a jury. (Sec. 24, art. 5, Const. 1876.) The District Court would, therefore, have no power to carry into effect the…
2Cited by16 opinions
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- Lacoste v. DuffyTexas Supreme Court · 1878
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- Rowe v. BatemanIndiana Supreme Court · 1899
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