Ex parte Fields

Citations

• 37 Tex. 575

Syllabus

<p>A rule nisi was entered up against all the justices of the peace of A. county, without naming them, to show why they should not be removed from, office, for .failing as members of the police court to rescind a certain order ; whereupon a citation issued to F. to appear and show cause why he should not be removed from the office of justice of the peace of precinct number two, for drunkenness and malfeasance in office, and he, failing to appear, judgment by default was entered up against him, removing him from office fpr habitual drunkenness. Held error, because the entire proceeding by such a rule nisi was irregular and unwarranted by law; and also because the judgment of removal was for a different cause than that set out in the rule nisi. A writ of restitution is awarded by this court.</p>