Robinson v. State
| Decision Date | 07 February 1895 |
| Citation | 29 S.W. 649 |
| Parties | ROBINSON, Sheriff, v. STATE ex rel. EU-BANK.<SMALL><SUP>1</SUP></SMALL> |
| Court | Texas Supreme Court |
Quo warranto, on the relation of H. W. Eubank, against J. M. Robinson, sheriff. There was a judgment of the court of civil appeals (28 S. W. 566) affirming a judgment removing defendant from office, and he applies for a writ of error. Denied.
Moore & Mack, for petitioner.
This suit was instituted against the applicant for the writ of error, to remove him from the office of sheriff of Hartley county, to which he was elected at the general election held in the year 1892. The alleged ground for his removal was that he had failed to qualify by giving the bonds required by the statute. Upon the trial in the district court there was a judgment removing him from office, which was affirmed in the court of civil appeals. This application is for a writ of error to the court of civil appeals, for the purpose of reversing their judgment and that of the trial court. The term of office to which the applicant was elected has long since expired. The subject-matter of the controversy has ceased to exist. Under such circumstances an appeal will not be entertained, merely to determine a question of costs. Lacoste v. Duffy, 49 Tex. 767; Gordon v. State, 47 Tex. 208. The application is therefore dismissed.
1. For opinion on rehearing, see 29 S. W. 1063.
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