State ex rel. Millican v. Phillips
Texas Supreme Court
Appeal from Brazoria. Tried below before the Hon. Wm. H. Burkhart. The relator presented to the district attorney his affidavit setting forth the result of the election returns of Brazoria county for the office of assessor of taxes, at the election in Hovember, 1884, and showing that the defendant B. L. Phillips received and had returned for him by the managers of election the total number of one thousand and fifteen, and relator, C. C. Millican, the total number of four…
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Appeal from Brazoria. Tried below before the Hon. Wm. H. Burkhart. The relator presented to the district attorney his affidavit setting forth the result of the election returns of Brazoria county for the office of assessor of taxes, at the election in Hovember, 1884, and showing that the defendant B. L. Phillips received and had returned for him by the managers of election the total number of one thousand and fifteen, and relator, C. C. Millican, the total number of four hundred and fifty-eight votes, but alleged that many of the ballots cast for Phillips were of a peculiar and unusual shape,…
1Opinion of the Court
Willie, Chief Justice.
The petition seeks to oust Phillips from the office of assessor of taxes of Brazoria county, because a large number of illegal votes were cast for him, and if these votes are not counted it would show a majority in favor of the relator. These votes were objected to on one ground only, and that is because they are “ diamond shaped,” and it is alleged that this shape was given them as a “ device ” in violation of the election law of 1879. Facsimiles of these tickets were made part of the petition, and are brought up to this court with the record.
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2Cases cited3 opinions
- Kirk v. RhoadsCalifornia Supreme Court · 1873
- Druliner v. StateIndiana Supreme Court · 1868
- Stanley v. ManlyIndiana Supreme Court · 1871
3Cited by5 opinions
- Owens v. State ex rel. JennettTexas Supreme Court · 1885
- Williams v. State ex rel. VasmerTexas Supreme Court · 1887
- Remster v. SullivanIndiana Court of Appeals · 1905
- State ex rel. Law v. SaxonSupreme Court of Florida · 1892
- Lynip v. BucknerNevada Supreme Court · 1895