Legal Opinion

Westerman v. Mims

Texas Supreme Court

Decided January 5, 1921No. 3386PublishedCited by 86 opinions

Original application by Westerman and others to the Supreme Court for writ of mandamus against Mims as Secretary of State. On motion for leave to file the petition Mr. Chief Justice PHILLIPS dissented from the ruling per curiam, granting such motion, filing a written opinion thereon. On final hearing the writ of mandamus was refused in an opinion by Mb. Justice GREENWOOD.

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Original application by Westerman and others to the Supreme Court for writ of mandamus against Mims as Secretary of State. On motion for leave to file the petition Mr. Chief Justice PHILLIPS dissented from the ruling per curiam, granting such motion, filing a written opinion thereon. On final hearing the writ of mandamus was refused in an opinion by Mb. Justice GREENWOOD. The Chief Justice, while concurring in the result, filed, at a later date, his opinion dissenting from the grounds announced for such ruling, for reasons indicated in his dissenting opinion on the motion for leave to file.…

1Opinion of the Court 1

The court,

per curiam,

granting relators leave to file their petition for mandamus, Mr. Chief Justice PHILLIPS delivered the following dissenting opinion.

The purpose of this proceeding is the issuance of a mandamus by this Court requiring the Secretary of State to direct the printing of the name of Aubrey Fuller upon the official ballot for the general election in November in Galveston County, as an independent candidate for District Judge of the Fifty-sixth District. Mr. Fuller, it is revealed by the petition, voted in the Democratic primary held in the county in July, in which Hon. Robert G.…

Also in this document: Opinion of the Court · Greenwood.

2Cases cited19 opinions

  1. Koy v. SchneiderTexas Supreme Court · 1920
  2. Koy v. SchneiderTexas Supreme Court · 1920
  3. United States Ex Rel. Turner v. FisherSupreme Court of the United States · 1911
  4. State ex rel. Labauve v. MichelSupreme Court of Louisiana · 1908
  5. Wiedwald v. DodsonCalifornia Supreme Court · 1892

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3Cited by86 opinions

  1. Smith v. AllwrightSupreme Court of the United States · 1944
  2. Axelson, Inc. v. McIlhanyTexas Supreme Court · 1990
  3. Industrial Foundation of the South v. Texas Industrial Accident BoardTexas Supreme Court · 1976
  4. Callahan v. GilesTexas Supreme Court · 1941
  5. Love v. WilcoxTexas Supreme Court · 1930

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