O'Docherty v. Archer
Texas Supreme Court
Appeal from San Patricio. The appellant obtained a certiorari to bring- up to the District Court a ease decided by the County Court of San .Patricio county, in the matter of a contested election between himself and the appellee for the office of chief justice of the county, for the purpose of obtaining- a trial of the ease anew in the District Court.
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Appeal from San Patricio. The appellant obtained a certiorari to bring- up to the District Court a ease decided by the County Court of San .Patricio county, in the matter of a contested election between himself and the appellee for the office of chief justice of the county, for the purpose of obtaining- a trial of the ease anew in the District Court. The court declined to try the case anew, hut proceeded to revise the judgment upon the record of the proceedings in the County Court, dismissed tho certiorari, and affirmed the judgment. The plaintiff in the certiorari appealed.
1Opinion of the CourtWheeler, J.
The statute which confers upon the County Court jurisdiction to try contested elections for county officers gives no appeal from its decisions. (Hart. Dig-., art. 919.) In constituting the tribunal, it was optional with the legislature to give an appeal or nof, as might best comport with their views of prablic policy. As no appeal was given, the inference must he that none was intended. The terms of office of these officers are of so short duration that in many cases the term would expire before tho right couhl he Anally determined, if the parties were allowed to litigate their respective…
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