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: 339
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1875.] ROGERS v. JOHNS. 339
Statement of the case.
JAMES S. ROGERS v. A. H. JOHNS.
1. CONTESTED ELECTIONS-APPEAL. No appeal is allowed by law, from
a judgment of the District Court upon a contest of election, held under
the Act of 8th May, 1873, entitled, "An Act regulating Contested
2. The determination of the result of an election is not a matter pertaining
to the ordinary jurisdiction of the law in courts of justice; it is in the
nature of a political question, to be regulated under the Constitution by
the political authority of the State.
APPEAL from Brazoria. Tried below before the Hon. A. P.
On the 2d day of Deceinber, 1873, an election was held in
Brazoria county for five justices of the peace for said county.
James Rogers and A. H. Johns were candidates at said election
for the office of justice of the peace of Brazoria county,
for precinct No. 2; and Rogers, the appellant, having received
the greatest number of the registered voters of Brazoria county
cast at the different election precincts, at said election for that
office, the presiding justice awarded appellant a certificate of
election; appellant qualified in accordance with law, and
entered upon the duties of his office.
Suit was instituted in the District Court to the January term,
1874, by Johns, for the office, on the ground that he had received
the greatest number of votes of the registered voteil
of said precinct for the office, and was duly elected and entitled
to the office.
Demurrer to the petition was overruled, and judgment was
rendered for Johns for the office. Rogers appealed.
The statute under which the proceeding was taken, is as
';' SECTION II. If the contest be for the validity of an elec"tion
for any district or county officer, a copy of the notices
"and other papers served on the parties shall be filed with the
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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/m1/347/: accessed May 22, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .