Lipscomb v. Perry

WILLIAMS, Associate Justice.

Certified questions from the Court of Civil Appeals of the First District, as follows:

“This suit was brought by J. J. Perry to contest the declared result of the election for sheriff in Waller County held November 8, 1904. J. C. Lipscomb is the contestee.

“A trial by jury resulted in a verdict and judgment in favor of Perry and Lipscomb has appealed. The cause is now pending before us on a motion for rehearing.

“By the first assignment of error appellant assails the action of the trial court in sustaining a special exception to all those parts of his second amended…