Legal Opinion

Robinson v. State

Texas Supreme Court

Decided February 28, 1895No. 562PublishedCited by 20 opinions

Application for a writ of error to the Court of Civil Appeals, in an appeal from Hemphill County. The petition for writ of error shows, that Bobinson was elected and qualified as sheriff of Hartley County, Texas, in the fall of 1890; and was re-elected in November, 1892, and continued to discharge the duties of his office without again qualifying and giving a new bond.

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Application for a writ of error to the Court of Civil Appeals, in an appeal from Hemphill County. The petition for writ of error shows, that Bobinson was elected and qualified as sheriff of Hartley County, Texas, in the fall of 1890; and was re-elected in November, 1892, and continued to discharge the duties of his office without again qualifying and giving a new bond. January 3, 1893, the Commissioners Court, not having previously taken any action in the premises, this proceeding was instituted to remove him, and on January 4, 1893, he was removed by the district judge, and one Britton…

1Opinion of the Court

ON MOTION FOR REHEAEING.

Moore & Made filed a motion for rehearing, urging: That if it be true, as contended by him, that he was illegally and improperly removed from his office as sheriff of Hartley County, Texas, that he has a right to recover from the appointee the fees and perquisites of such office, but if this judgment be suffered to stand unreversed, then it can be offered in evidence as a complete bar to any suit that he might file as against the appointee to said office; because, although it might be erroneous, it would be a judgment final, and settles conclusively, as far as he is…

2Cases cited1 opinion

  1. Beard v. City of DecaturTexas Supreme Court · 1885

3Cited by20 opinions

  1. McWhorter v. NorthcutTexas Supreme Court · 1900
  2. Kaufman v. MastinWest Virginia Supreme Court · 1909
  3. Tax Collector v. FinleyTexas Supreme Court · 1895
  4. Richmond v. Hog Creek Oil Co.Texas Commission of Appeals · 1922
  5. Dallas Joint Stock Land Bank v. Dallas County Levee Improvement Dist. No. 9Court of Appeals of Texas · 1924

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