Alley v. Denson
Texas Supreme Court
Appeal from Cass. This case originated in a controversy in respect to the county seat of Cass countj'-. It appeared l>y the record that on the 21st day of August, 1831. tho chief justice, of the county, proceeding under flic provisions of the act of the. 9lh of Slay, 1S38, (Hart.
Read the full summary
Appeal from Cass. This case originated in a controversy in respect to the county seat of Cass countj'-. It appeared l>y the record that on the 21st day of August, 1831. tho chief justice, of the county, proceeding under flic provisions of the act of the. 9lh of Slay, 1S38, (Hart. Dig., arts. 337, 338,) ordered an election for the removal of the seat of justice from Jefferson, where it had been established at a greater distance than live miles from the center of the county, to Linden, within live miles of the center. An election was hold, pursuant to tho order, on the I3th day of September,…
1Opinion of the CourtWheeler, J.
In the case of Fowler v. Brown (5 Texas R., 407) it was decided that the act of the 9th of May, 1S3S, “providing for the removal of county seats of justice” is in force. The election of the 13th of September therefore, was not without the. authority of law.
The 2d section of the act (Hart. Dig., art. 838) makes the chief justice oi tlie county the judge of what, shall be a sufficient number of petitioners to authorize (he ordering of an election. It does not require that a majority or anv specified number of persons shall sign the petition.
The act (sec. 1, Hart. Dig., art 337) provides that “a…
2Cited by16 opinions
- Ex Parte TowlesTexas Supreme Court · 1877
- Coyle v. SmithSupreme Court of Oklahoma · 1911
- Pepin County v. PrindleWisconsin Supreme Court · 1884
- Knowles v. ScofieldCourt of Criminal Appeals of Texas · 1980
- Wolf v. YoungCourt of Appeals of Texas · 1955
11 more not listed; retrieve them via the Exa API.