Gordon v. State
Texas Supreme Court
Appeal from Guadalupe. Tried below before the Hon. John P. White. The main points in the above cause may be summed up as follows: W. H. Burgess, Esq., as district attorney, &e., on the 26th of December, 1874, the last day of the Guadalupe District Oourt, filed a motion against appellant to remove him from the office of sheriff of Guadalupe county.
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Appeal from Guadalupe. Tried below before the Hon. John P. White. The main points in the above cause may be summed up as follows: W. H. Burgess, Esq., as district attorney, &e., on the 26th of December, 1874, the last day of the Guadalupe District Oourt, filed a motion against appellant to remove him from the office of sheriff of Guadalupe county. Gordon asked time to employ and consult counsel, and the court adjourned until that evening, when the case being called, Gordon’s counsel claimed that he had not been served with a notice or copy of the charges against him, whereupon the court…
1Opinion of the Court
Gould, Associate Justice.
Former decisions of this court have given a construction to the clause of the Constitution making sheriffs “ subject to removal by the judge of the District Court for said county for cause spread upon *339the minutes of the court.” (Constitution, sec. 18, Art. V; Davis v. State, 35 Tex., 118; Ex parte King, Id., 657.)
It has been held, and we think rightly, that this power of removal is not absolute or arbitrary, either as to the manner in which or the causes for which it may be exercised. The sheriff is entitled to notice of the charges against him and to an opportunity…
2Cases cited2 opinions
- Davis v. StateTexas Supreme Court · 1872
- Bennett v. WardNew York Supreme Court · 1805
3Cited by18 opinions
- Morrow v. CorbinTexas Supreme Court · 1933
- Great Southern Life Insurance v. City of AustinTexas Supreme Court · 1922
- In Re the Removal of LaughlinTexas Supreme Court · 1954
- Brackenridge v. StateCourt of Appeals of Texas · 1889
- Matter of CarrilloTexas Supreme Court · 1976
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