State Ex Rel. Abercrombie v. District Court of Fourth Judicial Dist.

WATSON, Chief Justice.

This is an original proceeding instituted by application for a writ of prohibition. The cause has been heard upon alternative writ and answer.

The relator, on January 2,1933, armed with a certificate of election, took possession of the office of county school superintendent of Guadalupe county, and now holds it. Mrs. Martinez, the unsuccessful candidate for the office, claiming to have been elected and to be entitled to it, and alleging the refusal of the district attorney to act upon her complaint, commenced an action in the name of the state to recover the office -and…