Ex Parte Whitlow
Texas Supreme Court
Appeal from Wichita. Tried below before the Hon. B. F. Williams. An ex parte proceeding begun by A. G-. Whitlow in the district court on the 30th of December, 1882, under section 10, chapter 76, acts 1879, regulating the removal and location of county seats; protesting against the result of an election, held in Wichita county on' 7th ¡November, 1882, as declared by the county judge in his official count on the 22d of December, 1882. The declaration of the result of the…
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Appeal from Wichita. Tried below before the Hon. B. F. Williams. An ex parte proceeding begun by A. G-. Whitlow in the district court on the 30th of December, 1882, under section 10, chapter 76, acts 1879, regulating the removal and location of county seats; protesting against the result of an election, held in Wichita county on' 7th ¡November, 1882, as declared by the county judge in his official count on the 22d of December, 1882. The declaration of the result of the election, as certified by the county judge, showed no place in nomination and voted for, as the permanent location of county…
1Opinion of the Court
Stayton, Associate Justice. —
In the case of Ex parte Towles, 48 Tex., 414, it was in effect decided that the constitution did not confer jurisdiction upon the district court in cases of this character, and that the legislature had no power to change the jurisdiction given by the constitution, unless the power to make such change was given to the legislature by the constitution itself.
In that case the matter was sought to be tried in the district court upon appeal from a county court, and although the act of the legislature then in force provided for such appeal, yet it was held that an appeal…
2Cited by22 opinions
- Morrow v. CorbinTexas Supreme Court · 1933
- State ex rel. Jennett v. OwensTexas Supreme Court · 1885
- Deshazo v. WebbTexas Supreme Court · 1938
- Hatten v. City of HoustonCourt of Appeals of Texas · 1963
- Odell v. WhartonTexas Supreme Court · 1894
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