Owens v. State ex rel. Jennett
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. W. H. Stewart. The facts, so far as necessary to an understanding of the case to which the principles announced apply, will be found, in the main, contained in the opinion. The litigants were rival candidates for the office of sheriff of Galveston county at the general election of ¡¡November 4,1884. The official returns showed that Owens received 2,025 and Jennett 1,985 votes for sheriff at that election.
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Appeal from Galveston. Tried below before the Hon. W. H. Stewart. The facts, so far as necessary to an understanding of the case to which the principles announced apply, will be found, in the main, contained in the opinion. The litigants were rival candidates for the office of sheriff of Galveston county at the general election of ¡¡November 4,1884. The official returns showed that Owens received 2,025 and Jennett 1,985 votes for sheriff at that election. Jennett charged in effect that the ballots cast at certain wards were falsely and fraudulently counted, tallied and returned, to his…
1Opinion of the Court
Willie, Chief Justice.
Upon a former appeal taken in this case by the relator we held that he had the right, under the allegations of his pleadings, to controvert the returns of the election for sheriff of Galveston county, alleged by him to have been fraudulently made, and to show the true state of the vote by the ballots themselves. State ex rel. Jennett v. Owens, 63 Tex., 261. The court below having denied him this privilege, its judgment was reversed and the cause remanded; and a trial was had which resulted in a judgment for the relator. The issues upon which the parties went to the jury,…
2Cases cited8 opinions
- People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
- People ex rel. Williams v. CicottMichigan Supreme Court · 1868
- State ex rel. Jennett v. OwensTexas Supreme Court · 1885
- Hudson v. SolomonSupreme Court of Kansas · 1877
- State ex rel. Hopkins v. OlinWisconsin Supreme Court · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Bowers v. SmithSupreme Court of Missouri · 1892
- Duncan v. WillisTexas Supreme Court · 1957
- Edwards v. LoganCourt of Appeals of Kentucky · 1902
- Kellogg v. HickmanSupreme Court of Colorado · 1889
- Newhouse v. AlexanderSupreme Court of Oklahoma · 1909
24 more not listed; retrieve them via the Exa API.