Skelton v. Yates, 13606.
| Decision Date | 11 August 1938 |
| Docket Number | No. 13606.,13606. |
| Citation | 119 S.W.2d 91 |
| Parties | SKELTON v. YATES et al. |
| Court | Texas Supreme Court |
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.
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 Precinct No. 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 Respondent H. L. Yates, as County Chairman of the Democratic Executive Committee of Cameron County, Texas, and the Respondent Harry 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,...
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United States v. State of Texas
...suit was filed. Under Texas law, an election is considered to be in progress once absentee balloting commences. See Skelton v. Yates, 131 Tex. 509, 119 S.W.2d 91 (1938). Thus, the 1976 general election was already in progress when this suit was In considering whether the above facts render ......
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Triantaphyllis v. Gamble
...distinguishable from the situation at issue here; they concern challenges to ballots for contested races. See, e.g., Skelton v. Yates, 131 Tex. 620, 119 S.W.2d 91 (1938) (involving contest of election results between two Democratic candidates for same position); Salazar v. Gonzales, 931 S.W......
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In re Cnty. of Hidalgo
...be printed and available to voters as and when required by statute, the contest is moot and must be dismissed."); Skelton v. Yates , 131 Tex. 620, 119 S.W.2d 91, 91–92 (1938) (orig. proceeding) ("Under the law absentee balloting has begun," thus, "[t]he election therefore is already in prog......
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Ballas v. Symm
...start of absentee balloting, the election is and has already begun, as a result of which plaintiff's claims are moot. Skelton v. Yates, 131 Tex. 620, 119 S.W.2d 91 (1938); Sterling v. Ferguson, 122 Tex. 122, 53 S.W. 2d 753 The Texas Election Code is a comprehensive, statutory enactment whic......