Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 204
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204 WRIGHT V. FAWCETT. Term ot
Opinion of the Court.
Upon the points argued I cite as follows:
Jurisdiction of District Courts: Bradley v. McGrabb, Dallain,
504; Roman v. Moody, Dallam, 512; Shelly r. Johnson,
Dallam, 597; Banton v. Wilson. 4 Texas, 400; McKinney
v. O'Connor, 26 Texas 5; Titus v. Latimer, 5 Texas;
Sassie v. Schmidt, 6 Texas, 147; O'Brien v. Dun, 5 Texas,
Jurisdiction of courts of limited jurisdiction: Lindsay v.
Luckett, 20 Texas, 516.
Construction of the laws; McCullough v. Maryland, 4
Wheat., 421; Legal Tender cases, 12 Wall, 529; Hepburn v.
Griswold, 8 Wall, 614; Texas v. White, 7 Wall, 729; 25 Texas,
Supp., 467; Commonwealth v. Smith, 4 Binny, 123; Sutherland
v. De Leon, 1 Texas, 250; Fletcher v. Peek, 6 Cranch,
87; Fisher v. Blight, 2 Cranch, 358: Martin v. Hunter, 1
Wheat., 326; Cohen v. Virginia, 1 Wheat., 414; 1 Blackstone;
2 Kent; Story on the Constitution,
Justices of the peace, are elected by the voters of the precinct.
Statutes of 1870, p. 85, chapter 65.
Philips, Lackay & Stayton, for appellee.
GOULD, J. The parties to this suit were opposing candidates
for the office of Justice of the Peace, of precinct
No. 3, DeWitt County, at a general election held December
2d, 1873. Appellee Fawcett received the certificate of
election, and appellant, on the 28th day of February, 1874, being
after the expiration of thirty days from the return day,
brought this suit to vacate said certificate, claiming that he was
himself elected, having received a majority of the votes cast by
the qualified voters of the precinct. By an amended petition,
filed April 13th, 1874, he alleged, that within thirty days after
the election, he, in writing, duly notified defendant, as would
appear in the trial, that he would contest the validity of his
certificate of election, stating the grounds on which he relied;
but does not state, nor does the record otherwise show, how
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/212/: accessed October 18, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .