Westerman v. Mims
Texas Supreme Court
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.
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