Keenan v. Perry
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. Alexander W. Terrell. This was a suit brought by John G. Perry against Charles Gr.
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Appeal from Travis. Tried below before the Hon. Alexander W. Terrell. This was a suit brought by John G. Perry against Charles Gr. Keenan and James B. Shaw, comptroller of public accounts, for a restoration to the office of superintendent of the state lunatic asylum, which he had lately held; alleging that Keenan had been then recently appointed thereto, and had, by virtue thereof, usurped its privileges; that the defendant, Shaw, refused to pay to him the salary to which he was entitled ; that the appointment of Keenan was void; that his own term of office had not expired, and that he had in…
1Opinion of the CourtWheeler, C. J.
We are of opinion, that the Act of the 28th *257of August, 1856, (O. & W. Dig., Art 1362,) was not repealed, nor the appointment of the appellee to the office of superintendent of the lunatic asylum superseded, by the Act of the 5th of February, 1858. (Id., Art. 1366.) The latter Act does not create the office, or provide a salary for the incumbent; but the former does. The latter annexes additional qualifications, and prescribes the duration and duties of the office. The former undertakes to create, and the latter only to regulate, the office. They were enacted manifestly in pari materia, and…
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