Duncan v. Willis

This is an election contest and while judgments in such proceedings are ordinarily final in the Courts of Civil Appeals, we took jurisdiction by reason of the admitted conflict between the decision below, Willis v. Duncan, County Attorney, Texas Civ. App., 294 S.W. 2d 914, and one of the numerous holdings made in Linger v. Balfour, Texas Civ. App., 149 S.W. 795. See Articles 1728 and 1821, Vernon’s Ann. Texas Stats., as amended by Acts of the 53rd Leg., (1953) ch. 424, p. 1026. Following oral argument we have concluded to resolve the conflict in favor of Linger v. Balfour. Writ of error…