Cole v. State Ex Rel. Cobolini
Texas Supreme Court
Application for writ of error to the Court of Civil Appeals, Fourth District, in an appeal from Cameron County. Action by the State of Texas, on relation of Louis Cobolini, against A. B. Cole, by quo warranto, to oust defendant from the office of mayor of the City of Brownsville, to which relator claimed election over him. The State, by independent pleading filed by the district attorney, sought to have the election declared void.
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Application for writ of error to the Court of Civil Appeals, Fourth District, in an appeal from Cameron County. Action by the State of Texas, on relation of Louis Cobolini, against A. B. Cole, by quo warranto, to oust defendant from the office of mayor of the City of Brownsville, to which relator claimed election over him. The State, by independent pleading filed by the district attorney, sought to have the election declared void. The trial court adjudged the election void, and defendant ousted from the office at suit of the State; but decreed that relator take nothing by his suit. Cole…
1Opinion of the CourtJustice Phillips
This is a quo warranto proceeding in the name of the State upon the relation of Louis Cobolini to oust the plaintiff in error, Cole, from the office of mayor of the City of Brownsville,—a case of a “contested election,” of which the jurisdiction of the Court of Civil Appeals is final under article 1591, Revised Statutes, 1911, if that article is now in force. State v. Thompson, 88 Texas, 228, 30 S. W., 1046. There has been no express repeal of the article, and it accordingly is now in effect unless the Act of th.e Thirty-third Legislature (Laws of 1913, p. 107), amending the statute defining…
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