Carolan v. McDonald
Texas Supreme Court
Appeal from Bexar. The facts of the case, so far as they appear of record, are these: The plaintiff and defendant were candidates for the office of District Clerk of Bexar county at the August election, 1854. Carolan received the certificate of election i McDonald contested within the time prescribed by law.
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Appeal from Bexar. The facts of the case, so far as they appear of record, are these: The plaintiff and defendant were candidates for the office of District Clerk of Bexar county at the August election, 1854. Carolan received the certificate of election i McDonald contested within the time prescribed by law. The trial of the contest was postponed until January, 1855. On the 26th of this month, the parties agreed McDonald should dismiss his proceeding—both parties to pay their respective costs ; which was done. On the same day the District Judge appointed J. M. Carolan Clerk pro tern. The…
1Opinion of the CourtWheeler, J.
There is one obvious view of this case, which, in our opinion, must dispose of it on the merits, and will super-cede the necessity of considering the other questions now presented.
There is no doubt that, under the law of 1848, (Hart. Dig. Art. 919,) in the event contemplated by the 20th Section of the law, the County Court might order an election for the office of Clerk of the District Court. But there is as little doubt that this power was taken away from the County Court by the Act of the 5th of December, 1849. (Hart. Dig. Art. 932, Sec. 2 and 3.) The 2nd Section declares when the regular…
2Cited by3 opinions
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- Sun Mutual Insurance v. Geo. Seeligson & Co.Texas Supreme Court · 1883
- Sun Mutual Insurance v. George Seeligson & Co.Court of Appeals of Texas · 1883