Arberry v. Beavers
Texas Supreme Court
Appeal from Cass. This was a proceeding by mandamus to compel the appellant Arberry, who was chief justice of the county of Cass, to receive and count certain returns of votes given in an election held for the purpose of electing a seat of justice of Cass county.
Read the full summary
Appeal from Cass. This was a proceeding by mandamus to compel the appellant Arberry, who was chief justice of the county of Cass, to receive and count certain returns of votes given in an election held for the purpose of electing a seat of justice of Cass county. Tiie appellees alleged in their petition “that they are citizens of tiie county of Cass; ” that in obedience to “An act to provide for the election of tho scat of justice of Cass county,” approved December 27, 1849, Robert Arberry, chief justice of said county, ordered an election to be held at tiie several precincts thereof by the…
1Opinion of the CourtWheeler, J.
The principal question to be determined is whether a case is presented by the record which authorized the judgment of the court awarding a pi-remplory mandamus.
This process, in modern practice, is regarded as an action by the party on whose relation it is granted to enforce a private right, when the law affords no other adequate means of redress.
It lies to compel public officers and courts of inferior jurisdiction to proceed to do those acts which clearly appertain to their duly. But it does not lie to instruct them as to the manner in which they shall discharge a duty which involves the…
2Cases cited1 opinion
- United States v. LawrenceSupreme Court of the United States · 1795
3Cited by85 opinions
- Walker v. PackerTexas Supreme Court · 1992
- Womack v. BerryTexas Supreme Court · 1956
- Ex Parte TowlesTexas Supreme Court · 1877
- King v. GuerraCourt of Appeals of Texas · 1927
- Kidder v. HallTexas Supreme Court · 1923
80 more not listed; retrieve them via the Exa API.