Legal Opinion

Rogers v. Johns

Texas Supreme Court

Decided July 1, 1874PublishedCited by 19 opinions

Appeal from Brazoria. Tried below before the Hon. A. P. McCormick. On the 2d day of December, 1873, an election was held in Brazoria county for five justices of the peace for said county.

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Appeal from Brazoria. Tried below before the Hon. A. P. McCormick. On the 2d day of December, 1873, an election was held in Brazoria county for five justices of the peace for said county. James Rogers and A. H. Johns were candidates at said election for the office of justice of the peace of Brazoria county, for precinct Ho. 2 ; and Rogers, the appellant, having received the greatest number of the registered voters of Brazoria county cast at the different election precincts, at said election for that office, the presiding justice awarded appellant a certificate of election; appellant qualified…

1Opinion of the CourtGould, J.

Appellee Johns took the steps prescribed by the Act regulating contested elections (Gen. Laws of 1873, page 67) to contest the election of appellant Rogers to the offipe- of justice of the peace of • precinct bio. 2, Brazoria county—for which office they were opposing candidates at an election held December 2, 1873. The cause was regularly docketed and tried in the District Court of Brazoria county, resulting in a judgment that the contestant Johns was entitled to the office. From that judgment an appeal has been taken, or sought to be taken, to this court. The statute does not give the right…

2Cases cited3 opinions

  1. Lindsey v. LuckettTexas Supreme Court · 1857
  2. Baker v. ChisholmTexas Supreme Court · 1848
  3. O'Docherty v. ArcherTexas Supreme Court · 1852

3Cited by19 opinions

  1. Ex Parte TowlesTexas Supreme Court · 1877
  2. State ex rel. Jennett v. OwensTexas Supreme Court · 1885
  3. Williamson v. LaneTexas Supreme Court · 1879
  4. Moore v. Edna Hospital DistrictCourt of Appeals of Texas · 1969
  5. Gaines v. FarmerCourt of Appeals of Texas · 1909

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