McAllen v. Rhodes
Texas Supreme Court
Appeal from Hidalgo. Tried below before the Hon. John C. Russell. This suit was instituted, by petition as in ordinary suits, in the district court of Hidalgo county, January 13, 1885, by the appellant, John McAllen, against the appellee, T. M. Rhodes, for the office of county judge of Hidalgo county.
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Appeal from Hidalgo. Tried below before the Hon. John C. Russell. This suit was instituted, by petition as in ordinary suits, in the district court of Hidalgo county, January 13, 1885, by the appellant, John McAllen, against the appellee, T. M. Rhodes, for the office of county judge of Hidalgo county. After exceptions to his original petition had been sustained, the plaintiff, in his first amended petition, filed May 11, 1885, alleged, that he had been duly and legally elected to the office of county judge of Hidalgo county, at the general election held in that county ¡November 4, 1884, and…
1Opinion of the Court
Willie, Chief Justice.
The principal question raised by the record in this cause is: Can an office be recovered from a usurper by the party entitled to it in an ordinary suit and without proceeding by an information in the nature of a quo warranto, as prescribed by act of July 2, 1879. It has been heretofore settled by this court that the district court has jurisdiction of a suit for the recovery of an office, if its value is over five hundred dollars. State v. Owens, 63 Tex. 261; Williamson v. Lane, 52 Tex. 335.
It has also been held that an information in the nature of a quo warranto, filed…
2Cases cited5 opinions
- State ex rel. Jennett v. OwensTexas Supreme Court · 1885
- Williamson v. LaneTexas Supreme Court · 1879
- Keenan v. PerryTexas Supreme Court · 1859
- Lindsey v. LuckettTexas Supreme Court · 1857
- Bkadlet v. McCrabbTexas Supreme Court · 1843
3Cited by30 opinions
- Williams v. CastlemanTexas Supreme Court · 1922
- Juneman v. FranklinTexas Supreme Court · 1887
- Robinson Watson v. Wingate, County JudgeCourt of Appeals of Texas · 1904
- People Ex Rel. Barrett v. FinneganIllinois Supreme Court · 1941
- Collin County School Trustees v. StiffCourt of Appeals of Texas · 1916
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