Banton v. Wilson
Texas Supreme Court
Appeal from Walker. Petition by Banton for a mandamus to Wilson to deliver up to him the office of clerk of the District Court of Walker county, together witli the records, &c. •In September, 184G, the clerk of said court, who had been elected the August previous, died. In October tlie district judge appointed Banton, the appellant, clerk, until a regular election could be held.
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Appeal from Walker. Petition by Banton for a mandamus to Wilson to deliver up to him the office of clerk of the District Court of Walker county, together witli the records, &c. •In September, 184G, the clerk of said court, who had been elected the August previous, died. In October tlie district judge appointed Banton, the appellant, clerk, until a regular election could be held. The Chief Justice of Walker county issued and published an order, in due time; for an election on the 1st day of November, 18-17, to fill the vacancy in the office, the duties of which were then being discharged by…
1Opinion of the Court
ITempiiill, Ch. J.
Tins was an application by the appellant for a mandamus to compel the appellee to deliver to him the office of clerk of the District Court of the county of Walkin’, with all the immunities, records, books, and papers belonging to the said office.
Before proceeding to the examination of the issues raised and tried in the court, below, we will dispose of the objections made here to the jurisdiction of the court, and the appropriateness of the remedy.
It. is contended in this and also in other cases before the court that the District (tourts have no authority, under the…
2Cases cited1 opinion
- Bkadlet v. McCrabbTexas Supreme Court · 1843
3Cited by23 opinions
- Wells v. ShriverSupreme Court of Oklahoma · 1921
- Hargrove v. Insurance Investment Corp.Texas Supreme Court · 1944
- White v. WhiteTexas Supreme Court · 1944
- Milner v. SchaeferCourt of Appeals of Texas · 1948
- White v. MitchellTexas Supreme Court · 1883
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