Pena v. Montalvo

This is an election contest growing out of a primary election. Eligió Pena instituted this proceeding against E. A. Mon-talvo, who had received a certificate of nomination as County Commissioner of Precinct No. 4 of Starr County, Texas, in the Democratic Primary Election of July 22, 1950. According to the canvass by the Executive Committee, Pena received 167 votes and Montalvo received 424 votes.

The only ground of this contest is that Montalvo did not reside in Precinct No. 4 of Starr County, and therefore is ineligible to hold the office of County Commissioner of that precinct. The trial…