Skelton v. Yates, 13606.

• Decision Date: 11 August 1938
• Docket Number: No. 13606.,13606.
• Citation: Skelton v. Yates, 119 S.W.2d 91, 131 Tex. 620 (Tex. 1938)
• Parties: SKELTON v. YATES et al.
• Court: Texas Supreme Court

Page 91

119 S.W.2d 91

SKELTON v.YATES et al.

No. 13606.

Supreme Court of Texas.

August 11, 1938.

Application by James R. Skelton for leave to file petition for writ of mandamus against H. L. Yates and others.

Application denied.

Davenport & Ransome, Herbert Davenport, and C. K. Richards, all of Brownsville, for relator.

H. L. Yates and Harry L. Faulk, both of Brownsville, for respondents.

CURETON, Chief Justice.

This is an application to file what relator, James R. Skelton, designates as a petition for mandamus.The petition accompanies the application to file.By such petition the relator complains against H. L. Yates, County Chairman of the Democratic Executive Committee of the Democratic Party of Cameron County, Texas, and against all the other members of said committee.The petition represents that the relator received a plurality of the votes for Democratic Precinct Chairman for Election PrecinctNo. 12 at the Democratic primary election held on July 23, 1938.He represents that the committee has certified his name together with that of Harry L. Faulk for the runoff primary to be held on August 27, 1938.Relator contends that since he received a plurality of the votes cast at the election on July 23, 1938, he has been elected Precinct Chairman for such precinct by a plurality vote.

The prayer of the petition is as follows:

"Wherefore, premises considered, Relator respectfully prays that this honorable court set this application down for hearing upon the earliest practicable date, causing notice to be served upon each and all Respondents and particularly upon the RespondentH. L. Yates, as County Chairman of the Democratic Executive Committee of Cameron County, Texas, and the RespondentHarry L. Faulk, as precinct chairman of voting and/or election precinct number 12, of the Democratic Executive Committee in and for Cameron County, Texas, in such manner as to this court may seem just and proper; that upon such hearing, this honorable court direct the issuance of its writ of mandamus to the respondents in their official capacities as aforesaid, and particularly to the honorable H. L. Yates, as County Chairman of the Democratic Executive Committee of Cameron County, Texas, commanding Respondents to refrain and desist from printing the names of your Relator, James R. Skelton, and Respondent, Harry L. Faulk, upon the official ballot of the Democratic Party in and for Cameron County, Texas, for the second and/or runoff primary of said party,...