Solis v. Martinez
| Citation | 264 S.W.2d 956 |
| Decision Date | 20 January 1954 |
| Docket Number | No. 12643,12643 |
| Parties | SOLIS v. MARTINEZ. |
| Court | Court of Appeals of Texas. Court of Civil Appeals of Texas |
Gerald Weatherly, Falfurrias, H. P. Guerra, Jr., Rio Grande City, for appellant.
Bismark Pope, and Pope & Pope, Laredo, for appellee.
This is an election contest. Out of 463 votes cast in a trustee election for Zapata County Independent School District, appellant, Joaquin Solis, lost by nine-teen votes to Proceso Martinez. Solis contested the election by an attack upon the residence qualifications of forty-eight voters. At the conclusion of contestant's evidence, the court rendered judgment against the contestant, and then made and filed findings of fact and conclusions of law in support of the judgment. The findings are amply supported by proof developed by contestee on cross-examination of contestant's witnesses.
Contestant, in seeking to prove non-residence within the voting district, called witnesses who testified that certain named voters did not reside in the district, and also that persons with the same or similar names to those found on the poll list resided outside the district. The burden of proof in an election contest rests upon the contestant. State ex rel. Lukovich v. Johnston, 150 Tex. 174, 238 S.W.2d 957; Edwards v. Roberts, Tex.Civ.App., 233 S.W.2d 592; Lucchese v. Mauermann, Tex.Civ.App., 195 S.W.2d 422; Pippin v. Holland, Tex.Civ.App., 146 S.W.2d 266; Marks v. Jackson, Tex.Civ.App., 130 S.W.2d 925. When election officers permit a person to vote, a presumption arises that such action was proper and that such person is a legal voter. Willow Hole Independent School District v. Smith, Tex.Civ.App., 123 S.W.2d 708; Neil v. Pile, Tex.Civ.App., 75 S.W.2d 899; Schwander v. Davis, Tex.Civ.App., 69 S.W.2d 815.
The burden of going forward with the evidence has been well summarized: (1) The burden remains upon a party until he has satisfied the judge that his evidence is sufficient to go to the jury. (2) It shifts to or is cast upon the opposite party only when the proponent's evidence is sufficient to entitle him to a ruling that the opponent shall lose if he fails to come forward with evidence. McCormick and Ray, Texas Law of Evidence, § 28. The method pursued by contestant to prove the lack of qualifications was a correct one. McCrary on Elections (4th Ed.), § 469; McCormick v. Jester, 53 Tex.Civ.App. 306, 115 S.W.2d 278, 283. Bur McCrary, in Section 469, states with reference to such proof: 'If the district or territory within which the voter must reside is large, or very populous, and the witness has not an intimate and extensive acquaintance with the inhabitants, the evidence will be of little value, and standing alone will avail nothing.' An examination of the evidence adduced from contestant's...
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Farr v. Bell
...shall lose if he fails to come forward with evidence.' McCormick & Ray, Texas Law of Evidence, § 47; Solis v. Martinez, 264 S.W.2d 956 (Tex.Civ.App., San Antonio 1954, writ dism'd); Texas & Pacific Ry. Co. v. Moore, 329 S.W.2d 293 (Tex.Civ.App., El Paso 1959, writ ref'd n.r.e.). Therefore, ......
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Royalty v. Nicholson, 15034
...every theory upon which the challenged votes, with the exception of the 9 found by the trial court, could have been legal. Solis v. Martinez, 264 S.W.2d 956, Tex.Civ.App., San Antonio 1954, error We overrule appellants' contentions that the trial court erred in overruling their motion to ha......
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Rodriguez v. Cuellar, No. 04-04-00335-CV (TX 6/23/2004)
...1992, no writ); Brandon v. Quisenberry, 361 S.W.2d 616. 617 (Tex. Civ. App.—Amarillo 1962, no writ); Solis v. Martinez, 264 S.W.2d 956, 957 (Tex. Civ. App.—San Antonio 1954, writ dism'd). Accordingly, each ballot is treated as valid unless challenged by the contestant. The burden is then on......
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Guerra v. Pena, 14545
... ... Rene A. Solis, although none of such certificates had been requested by the voter or by any one at his direction. There is no contention that any of the persons ... Guerra v. Ramirez, Tex.Civ.App., 364 S.W.2d 720, wr. dism.; Guerra v. Ramirez, Tex.Civ.App., 351 S.W.2d 272; Solis v. Martinez, Tex.Civ.App., 264 S .W.2d 956, wr. dism ... Contestants urge that they discharged their burden under the holding in McGee v ... ...