Powell v. Wilson
Texas Supreme Court
Appeal from Matagorda. The only question in this ease was on a challenge to the array, on the ground that the jury was summoned by the Coroner, there being no Sheriff. The suit was on promissory notes. The objection being overruled, verdict and judgment went for the plaintiff, and defendants appealed.
1Opinion of the CourtWheeler, J.
The Constitution (Art. VI. Sec. 26) declares, that, “No person shall hold or exercise at the same time, more “ than one civil office of emolument, except that of Justice of “ the Peace.” It is clear, therefore, that two civil offices of emolument cannot be united in the same person ; unless one, of them be that of Justice of the Peace, which is specially ex*60cepted. But does it follow that the same, or at least, some of the same duties may not be attached to two offices, to be exercised by the incumbents concurrently ? or that the duties of an office may not be to act as substitute for another…
2Cited by8 opinions
- Jones v. AlexanderTexas Commission of Appeals · 1933
- Gaal v. TownsendTexas Supreme Court · 1890
- Jones v. AlexanderTexas Supreme Court · 1933
- Kugle v. Glen Rose Independent School Dist. No. 1Court of Appeals of Texas · 1932
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1940
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