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: 205
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1875.] WRIGHT V. FAWCETT. 205
Opinion of the Court.
said notice was served, nor that a copy of the same had been
filed with the clerk of the District Court.
Appellee excepted to the petition, on the ground that the
mode prescribed by law for contesting elections had not been
The exceptions were sustained and the case dismissed.
The act regulating contested elections (Gen. Laws of 1873, p.
67), is as follows:
"Sec. 1. That any person intending to contest the election of
" any one holding a certificate of election to any office in this State,
" shall within thirty days after the return day, give him notice
" thereof, in writing, and deliver to him, his agent, or attorney,
" a written statement of the grounds on which he relies to sustain
such contest, and the person holding said certificate of
"election, shall, within ten days after receiving such notice, de"
liver, or cause to be delivered to said contestant, his reply to
' said statement, and such notice, statement, and reply, shall be
" served on the parties in person, if they can be found; if not,
" upon their agent, or attorney, or by leaving the same with some
" person over the age of sixteen years, at the usual place of abode,
" or business of the party upon whom they are to be served."
" Sec. 2. If the contest be for the validity of an election for
" any district or county office, a copy of the notices .and other
"papers served on the parties, shall be filed with the clerk of
"the District Court of the county in which the residence of the
"party holding the certificate of election is; and when so filed,
" the entry of the trial of said contest shall be made upon the
"docket of said court, the same as other causes, and shall be
"tried at the next term of said District Court, and upon the
"rules governing proceedings in other causes, etc." There are
other provisions in the act, which also repeals all former laws
relating to contested elections, but enough has been quoted
for the purposes of this case.
The case of Lindsay v. Luckett (20 Texas, 516) was decided'
under a statute containing substantially the same provisions in
regard to notices and the filing of copies (Pas. Dig., Arts. 607,
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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/m1/213/: accessed May 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .