Davis v. Oaks, 1006

• Decision Date: 20 March 1974
• Docket Number: No. 1006,1006
• Citation: 507 S.W.2d 328
• Parties: C. R. DAVIS, Appellant, v. Steven C. OAKS et al., Appellees. (14th Dist.)
• Court: Texas Court of Appeals

Page 328

507 S.W.2d 328

C. R. DAVIS, Appellant, v.Steven C. OAKS et al., Appellees.

No. 1006.

Court of Civil Appeals of Texas Houston (14th Dist.).

March 20, 1974.

John G. Gilleland, Houston, for appellant .

David A. Gibson, Engel, Groom, Miglicco & Gibson, Joe Resweber, County Atty.Edward J. Landry, Michael R. Davis, Houston, for appellees.

Steve Oaks, pro se.

PER CURIAM.

This is an attempted appeal by C. R. Davis from a judgment of a district court of Harris County denying what he calls his petition for writ of mandamus.

The appellant, Davis, was elected in 1972 to the office of Constable, PrecinctNo. 4, Harris County, Texas.The term to which he was elected began January 1, 1973, and was to continue through December 31, 1976.On June 28, 1973, the Harris County Commissioners Court redistricted the constable precincts of Harris County.The New PrecinctNo. 4 consisted of all of old Precincts 4, 5, and 7 and parts of 3 and 6.There were three persons, including Davis, residing in the new Precinct 4 who had been Constable of an area included therein.The Commissioners Court of Harris County, effective July 1, 1973, appointed Davis as Constable of the new Precinct 4.This action was pursuant to Tex.Rev. Civ.Stat.Ann. art. 2351 1/2 (1971).

Both Davis and Larry Eddings have filed as candidates for the Democratic nomination for the office of Constable of Precinct 4 in the primary election to be held on May 4, 1974.No one filed as candidate for such nomination in the Republican party.Steven Oaks, Chairman of the Democratic Executive Committee, has certified to the County Clerk a list of candidates, which list includes both Davis and Eddings as candidates for the office of Constable, Precinct 4, Harris County.

Davis filed suit in the district court against Oaks, Eddings, and R. E. Turrentine, Jr., County Clerk of Harris County.He prayed for issuance of a writ of mandamus 'ordering and commanding the Defendants to remove the office of Constable, PrecinctNo. 4 of Harris County, Texas, from the ballot during the Democratic Primaries set for May 4, 1974.'After a hearing in which the facts were stipulated, the trial judge on March 11, 1974, denied the relief sought by Davis.Davis appealed to this Court, and the parties agreed that the appeal be preferentially set for March 19, 1974.

It is the appellant's position that he was, in 1972, elected to a four-year term as Constable of Precinct 4 and that there is not, and will not be until ...