Cope v. Henderson

I dissent. This is a special election contest. The appellees seek by the harsh remedy of Mandamus to compel Judge Tom N. Cope, County Judge of Cass County, Texas, in his official capacity, to certify the results of an election to incorporate the City of Domino, Cass County, Texas.

The election which appellees seek to enforce was held on November 1, 1969. Appellant had 20 days, by statute, to declare the result of the election. Appellees filed their original petition for Mandamus on Nov. 10, 1969 before the 20 days had expired and before appellant had signed any order whatever.

The case was…