Wright v. Allen
Texas Supreme Court
. The appellant presented his petition to the judge of the district court for the county of Victoria, alleging that he had been legally elected judge of the probate court for the said county, and that the appellee had given him notice that he contested the election; that the proceedings before the chief justice and commissioners trying the contest were void and contrary to law; that the appellee claimed to hold the said office of judge of probate by the illegal decision of…
Read the full summary
. The appellant presented his petition to the judge of the district court for the county of Victoria, alleging that he had been legally elected judge of the probate court for the said county, and that the appellee had given him notice that he contested the election; that the proceedings before the chief justice and commissioners trying the contest were void and contrary to law; that the appellee claimed to hold the said office of judge of probate by the illegal decision of the chief justice and commissioners. A writ of quo wa/rmnto was accordingly prayed for and granted by the judge, on the…
1Opinion of the CourtJustice Lipscomb
We can see no error in the proceedings on the trial of the contested election between the appellant and appellee, before the chief justice and commissioners of Yictoria county; the examination seems to have been conducted in accordance with *160tbe statute directing tbe mode of trying contested elections-And we should affirm tbe judgment on the merits, but there' is an additional reason for its affirmance. The suit is not conducted in tbe name of tbe state, nor its prosecuting officer, but it is in the name of Wright, suing in his own name. The' writ of quo warranto before the statute of Ann,…
2Cases cited1 opinion
- Wallace v. AndersonSupreme Court of the United States · 1820
3Cited by5 opinions
- State ex rel. Jennett v. OwensTexas Supreme Court · 1885
- State v. Southern Pacific RailroadTexas Supreme Court · 1859
- Territory v. LockwoodSupreme Court of the United States · 1866
- Osgood v. JonesSupreme Court of New Hampshire · 1881
- In Re State of TexasTexas Supreme Court · 2026