State v. Brinkerhoff
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. Eugene Williams. This was a suit in the nature of a quo warranto proceeding brought in the name of the state on the relation of R. H. Kingsbury, Jr., against J. F. Brinkerhoff, to inquire and determine by what authority Brinkerhoff held the office of recorder of the city of Waco.
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Appeal from McLennan. Tried below before the Hon. Eugene Williams. This was a suit in the nature of a quo warranto proceeding brought in the name of the state on the relation of R. H. Kingsbury, Jr., against J. F. Brinkerhoff, to inquire and determine by what authority Brinkerhoff held the office of recorder of the city of Waco. Appellant’s pleadings, petition and exhibits thereto, showed that appellee was, on April 5, 1885, elected secretary of the city of Waco; that, on April 13, 1885, he qualified as such; that, on April 13, 1885, he was appointed recorder of the city, and that, on April…
1Opinion of the Court
Stayton, Associate Justice.
It is unnecessary to consider whether officers of municipal corporations are such officers as are embraced in section forty, article sixteen of the Constitution, which declares that “no person shall hold or exercise, at the same time, more than one civil office of emolument, etc.,” for, if this be admitted to be so, even then, it is too clear that the judgment rendered is correct. It appears that the respondent was duly elected secretary of the city of Waco, on April 5, 1885, and that he qualified on the thirteenth of the same month, since which time he has…
2Cases cited4 opinions
- People ex rel. Melony v. WhitmanCalifornia Supreme Court · 1858
- Creighton v. PiperIndiana Supreme Court · 1860
- Kerr v. JonesIndiana Supreme Court · 1862
- Anderson v. Martindale & SchultzTexas Supreme Court · 1884
3Cited by49 opinions
- Thomas v. Abernathy County Line Independent School Dist.Texas Commission of Appeals · 1927
- Pruitt v. Glen Rose Independent School District Number OneTexas Supreme Court · 1935
- State Ex Rel. Peden v. ValentineCourt of Appeals of Texas · 1917
- State Ex Rel. Barnhill v. ThompsonSupreme Court of North Carolina · 1898
- Ramirez v. FloresCourt of Appeals of Texas · 1973
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