Jones v. Shaw & Swisher
Texas Supreme Court
Error from Travis. This was an application for mandamus to compel the Auditor and Comptroller to audit and adjust the claim of Anson Jones for about $10,000 ; the same being his salary for that portion of his term of office, as President of the late Republic of Texas, which had not expired at the date of the inauguration of the first Governor of the now State of Texas.
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Error from Travis. This was an application for mandamus to compel the Auditor and Comptroller to audit and adjust the claim of Anson Jones for about $10,000 ; the same being his salary for that portion of his term of office, as President of the late Republic of Texas, which had not expired at the date of the inauguration of the first Governor of the now State of Texas. The Auditor and Comptroller demurred generally to the plaintiff's petition, which demurrer was sustained, and the plaintiff thereupon prosecuted this writ of error.
1Opinion of the CourtWheeler, J.
The doctrine which the argument for the
appellant seeks to maintain, is, that upon a change of government, by the abolition of its organic law, and the establishment in its stead of a new Constitution, abolishing the old and establishing new offices, the incumbents in office under the former government, whose official terms had not expired, have a right to demand of the new government, the compensation for the unexpired term of their offices, to which they would have been entitled, if there had been no change of government, *578and they had served out their full term of office under the then…
2Cases cited1 opinion
- Houston v. Administrator of RobertsonTexas Supreme Court · 1847
3Cited by9 opinions
- Mial v. Ellington.Supreme Court of North Carolina · 1903
- Houston & Great Northern Railroad v. KuechlerTexas Supreme Court · 1872
- Bennett v. City of LongviewCourt of Appeals of Texas · 1925
- Seay v. HuntTexas Supreme Court · 1881
- Orahood v. City of DenverSupreme Court of Colorado · 1907
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