Gibson v. Templeton

Willie, Chief Justice.

This proceeding was brought under title XXXIV, Revised Statutes, to contest and set aside an election held for the purpose of determining whether or not the sale of intoxicating liquors should be prohibited in Ellis county.

The county attorney of Ellis county was made contestee, and, upon a plea filed by him to the jurisdiction of the court, the proceeding was dismissed.

The appeal taken from this decision questions the correctness of the ruling of the district judge refusing to take jurisdiction of such a contest. It further questions his right to dismiss the proceedings…