Legal Opinion

Gallagher v. Church

Court of Appeals of Texas

Decided December 20, 1911PublishedCited by 4 opinions

Appeal from District Court, Bexar County; J. L. Camp, Judge. Action by J. Frank Gallagher against F W. Church. From a judgment for defend ant, plaintiff appeals.

1Opinion of the CourtJames, C. J.

This is an election contest by appellant against Church, contesting his election to the office of city treasurer of San Antonio on May 9, 1911. The matter was tried by the court with judgment for ap-pellee.

The case, as presented here, involves but one question, which is whether or not, under the provisions of the election law of 1905 .(Laws 1905, 1st Called Sess. c. 11) ballots placed in the boxes without being stamped “voted,” but otherwise regular, are void, it appearing that if they were void, the result would have been different.. Section 74 of the act provides: “When a citizen shall have…

2Cases cited7 opinions

  1. State Ex Rel. Barry v. ConnorTexas Supreme Court · 1893
  2. Lindstrom v. Board of CanvassersMichigan Supreme Court · 1893
  3. Gray v. State Ex Rel. LanghamTexas Supreme Court · 1899
  4. Horsefall v. School DistrictMissouri Court of Appeals · 1910
  5. Clark v. HardisonCourt of Appeals of Texas · 1905

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Altgelt v. CallaghanCourt of Appeals of Texas · 1912
  2. State Ex Rel. Pace v. LoganCourt of Appeals of Texas · 1928
  3. Gillaspie v. McKinneyCourt of Appeals of Texas · 1930
  4. Altgelt v. CallaghanCourt of Appeals of Texas · 1912

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