Royston v. Griffin
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. A. P. McCormick. November 23, 1874, Wm. H. Griffin brought suit in the District Court of Galveston county against .Martin II. Royston to determine who was the lawful clerk of the Criminal District Court of Galveston county.
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Appeal from Galveston. Tried below before the Hon. A. P. McCormick. November 23, 1874, Wm. H. Griffin brought suit in the District Court of Galveston county against .Martin II. Royston to determine who was the lawful clerk of the Criminal District Court of Galveston county. The facts submitted to the court (there being ño issue raised as to the pleadings) are as follows: The Act of 23d July, 1870, to organize the Criminal District .Court for Galveston and Harris counties (Paschal’s Digest, 6143), provides that “ There shall be appointed by the Gov- “ ernor a clerk of said court for each of…
1Opinion of the CourtMoore, J.
It seems to be a generally admitted proposition, when the duration of an office is not fixed by law, and no provision is made for the removal of the incumbent, the power of appointment necessarily carries with it the incidental power of removal. We are not prepared to admit, however, that this rule can be made applicable to this case, or that the authority conferred upon the governor, by the Act of 23d July, 1870, to organize the Criminal District Court for the counties of Galveston and Harris, of appointing a clerk of said court for each of said counties, vests in him, also, the power of…
2Cases cited3 opinions
- Bkadlet v. McCrabbTexas Supreme Court · 1843
- Roman v. MoodyTexas Supreme Court · 1843
- Shelby v. JohnsonTexas Supreme Court · 1843
3Cited by7 opinions
- Milliken v. City CouncilTexas Supreme Court · 1881
- Hamilton v. StateCourt of Criminal Appeals of Texas · 1899
- Ridley v. HendersonTexas Supreme Court · 1875
- Opinion No., Texas Attorney General Reports1989
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1989
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