Gottlieb v. Hofheinz

PEDEN, Justice.

Election contest. In the runoff election for the office of mayor of the City of .Houston held on December 4, 1973, Mr. Fred Hofheinz was certified to have received 2,806 more votes than Mr. Dick Gottlieb.

This is an appeal from the granting of a motion for summary judgment in favor of the contestee, Mr. Hofheinz. The judg*9ment stated that the contestant’s pleadings failed to raise a genuine issue as to any material fact that would entitle the Contestant to any relief under the Texas Election Code.

The first two points of error of the Contestant, Mr. Gottlieb, are that his petition…