Ex Parte Towles
Texas Supreme Court
Appeal from Van Zandt county. Tried below before the Hon. M. H. Bonner. On the 16th of May, 1877, an election was held in Van Zandt county, by order of the county judge of that county, on the petition of a number of voters, to locate the county-seat. Canton, then the county-seat, and within five miles of the geographical center of the county, and Wills Point, a town in said county, more than five miles from the geographical center of the county, were voted for.
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Appeal from Van Zandt county. Tried below before the Hon. M. H. Bonner. On the 16th of May, 1877, an election was held in Van Zandt county, by order of the county judge of that county, on the petition of a number of voters, to locate the county-seat. Canton, then the county-seat, and within five miles of the geographical center of the county, and Wills Point, a town in said county, more than five miles from the geographical center of the county, were voted for. The county judge having refused to receive and estimate the vote of Canton and another precinct, and estimating the whole vote cast…
1Opinion of the Court
Roberts, Chief Justice.
The attempt to give the District Court original jurisdiction under the fourth section of the act of 1875, relating to the removal of county-seats, (2d Sess. 14th Leg., 89,) on the ground that the County Court had not acted upon the contest, is shown not to have been effective, by the record brought into this court, exhibiting the proceedings of a regular contest before the Commissioner’s Court, and their decision thereon. We think the Commissioner’s Court is the court indicated in said act for the trial of the contest of said election. The County Court as now organized,…
2Cases cited24 opinions
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- Cohens v. VirginiaSupreme Court of the United States · 1821
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
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- Arberry v. BeaversTexas Supreme Court · 1851
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3Cited by107 opinions
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- Love v. WilcoxTexas Supreme Court · 1930
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- City of Dallas v. StewartTexas Supreme Court · 2012
- Alpha Petroleum Co. v. TerrellTexas Commission of Appeals · 1933
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