Benavides v. Orth.

MURRAY, Justice.

We are of the opinion that this Court was in error in affirming the judgment of the trial court in this contest, therefore, our original opinion will be withdrawn and the following opinion substituted therefor.

I. J. Benavides and M. F. Orth were the only candidates for the combined office of county and district clerk of Brooks County, Texas, at the primary election held in said County on July 23, 1938. The official returns of said election showed Benavides had received 696 votes and Orth 679 votes. On July 30, 1938, the Executive Committee of the Democratic party of Brooks…