State Eckhardt v. Hoff
| Citation | 31 S.W. 290 |
| Parties | STATE ex rel. ECKHARDT v. HOFF et al. |
| Decision Date | 03 June 1895 |
| Court | Supreme Court of Texas |
Quo warranto proceedings, upon the relation of William Eckhardt against J. W. Hoff and others, to oust defendants from public offices held by them. From a judgment of the court of civil appeals (29 S. W. 672) affirming a judgment of the district court for defendant, plaintiff brings error. Affirmed.
H. B. Davidson, Dist. Atty., and Proctor & Proctor, for plaintiff in error. R. A. Pleasants, for defendants in error.
The twelfth legislature of Texas passed an act entitled "An act to incorporate the town of Yorktown," which was approved May 22, 1871. Yorktown was in De Witt county. The first section of the act declared the incorporation of the town, the second described its limits, and the third empowered the governor to appoint for said town a mayor and five aldermen, with other officers. The following is a copy of the fourth section: The governor appointed a mayor, aldermen, and other officers for the town, in accordance with the third section of the act; and in November, 1872, an election was held, at which officers were elected. On the 8th day of December of that year the council, by ordinance, established the first Monday in the year 1874 and in each succeeding year as the day for election of officers. Elections were regularly held under this ordinance until 1880, after the adoption of the Revised Statutes, since which time the elections have been held on the day fixed in the general law for elections in cities and towns organized under that law. Respondents were elected in 1893, and again in 1894, at elections held in April of those years. Under the third section of the act of incorporation, the governor was authorized to appoint the officers of the town to hold their offices until the next general election. The fourth section, as quoted, provided that "from and after the next general election" the offices should become elective; that the first election should be held under the direction of the presiding justice of De Witt county, and "annually afterwards, under the direction of the mayor at least ten days before the expiration of his term of office." We think that the effect of these provisions was to fix the date of the general election as the...
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State ex rel. Young v. Village of Kent
... ... People v ... Commissioners, 31 Ill.App. 219, 223; People v ... Hamilton, 24 Ill.App. 609; State v. Hoff, 88 ... Tex. 297, 31 S.W. 290; State v. Claggett, 73 Mo ... We are ... of the opinion that the court exhausts its discretion ... ...
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Walls v. Brundidge
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State ex rel. Young v. Kent
...to file the information. People v. Wild Cat Special Drainage Dist., 31 Ill. App. 223;People v. Hamilton, 24 Ill. App. 609;State v. Hoff, 88 Tex. 297, 31 S. W. 290;State v. Claggett, 73 Mo. 388. We are of the opinion that the court exhausts its discretion when it exercises it upon the prelim......
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State ex rel. v. Village of Kent
...refused leave to file the information. People v. Commissioners, 31 Ill. App. 219, 223; People v. Hamilton, 24 Ill. App. 609; State v. Hoff, 88 Tex. 297, 31 S. W. 290; State v. Claggett, 73 Mo. We are of the opinion that the court exhausts its discretion when it exercises it upon the prelimi......