Stockwell v. Garcia

• Decision Date: 20 May 1959
• Docket Number: No. 13471,13471
• Citation: 325 S.W.2d 405
• Parties: J. P. STOCKWELL et al., Appellants, v. Vidal GARCIA et al., Appellees.
• Court: Texas Court of Appeals

Page 405

325 S.W.2d 405

J. P. STOCKWELL et al., Appellants, v. Vidal GARCIA et al., Appellees.

No. 13471.

Court of Civil Appeals of Texas, San Antonio.

May 20, 1959.

Rehearing Denied June 17, 1959.

Sidney P. Chandler, Corpus Christi, for appellants.

Archer Parr, O. P. Carrillo, San Diego, for appellees.

MURRAY, Chief Justice.

This suit was instituted by appellees, Vidal Garcia and others, against J. P. Stockwell and others, appellants, seeking a temporary injunction, and on final hearing a permanent injunction, against appellants, restraining and enjoining them from interfering with appellees in conducting their duties as Sheriff and/or Deputy-Sheriffs of Duval County, Texas, and further requiring appellants to turn over, account for, and deliver each any every articale or piece of property belonging to the office of Sheriff of Duval County, or to Duval County itself, in their possession.

The appellants answered and alleged that J. P. Stockwell was Sheriff of Duval County on January 1, 1957, and that he is entitled to hold such office until the outcome of a cause now pending in the District Court of Duval County, being Cause No. 6352, styled George B. Parr v. Daniel Tobin, Jr., et a.

The trial court, after notice and hearing, on January 12, 1959, granted the temporary injunction as prayed for, and J. P. Stockwell and the other appellants have prosecuted this appeal.

The trial court found, 'that on January 1, 1957, the Commissioners Court of Duval County, Texas, declared a vacancy in the office of Sheriff of said county, and appointed the defendant, J. P. Stockwell, to fill said vacancy; that pursuant to said appointment, J. P. Stockwell qualified for the office of Sheriff and has been acting as such until January 3, 1959; that on the first day of January, 1959, the Commissioners Court of Duval County, Texas, appointed plaintiff, Vidal Garcia, to the office of Sheriff of Duval County, whereupon the said Vidal Garcia qualified for said office; or, in the alternative, the Commissioners Court of Duval County, Texas, on said date declared the said Vidal Garcia to be elected in the November, 1958, election as a write-incandidate for the unexpired term of Sheriff of Duval County, Texas, * * *.'

Appellant Stockwell takes the position here that he is holding the office of Sheriff of Duval County, not by appointment by the Commissioners but by reason of having been elected in 1954, and again in 1956. We cannot agree with this contention. It is clear that on January 1, 1957, the Commissioners' Court tendered to Stockwell an appointment to the office of Sheriff of Duval County, and that he accepted such appointment and qualified in the manner provided by law and began the discharge of such duties. He is not now in a position to claim that he is holding the office by election either in 1954 or 1956. The above case was before this Court in Garcia v. Tobin, 307 S.W.2d 836, 837. In our opinion we made the following finding of fact: 'On January 1,...