Purcell v. Carrillo

POPE, Justice.

The question presented is whether Walter P. Purcell, contestant in an election contest, rendered his appeal moot when he took the oath of office and entered upon the duties of City Judge of Alice, Texas. O. P. Carrillo, contestee, filed a motion to dismiss Purcell’s appeal from an adverse judgment in an election contest for the office of County Attorney of Duval County. The basis of the motion is Section 40 of Article 16, Texas Constitution, Vernon’s Ann.St., which provides, “No person shall hold or exercise, at the same time, more than one Civil Office of emolument *■

In the…