Fowler v. State ex rel. George

Citations

• 68 Tex. 30
• 3 S.W. 255
• 1887 Tex. LEXIS 639

Syllabus

<p>1. Quo Warranto—District Attorney.—A proceeding by quo warranto may be filed by a district attorney pro tem. appointed during a term of court by the district judge on account of the non attendance of the district attorney. The authority of such an appointee to represent the State, after he has been recognized as a de facto officer, can not be questioned in a collateral proceeding.</p> <p>3. Pleading.—In a proceeding by quo warranto, to recover an office to which the relator claims to have been elected, an allegation that be Was a citizen of the county and entitled to the office, is, on general demurrer, a sufficient averment of his qualification to hold the office.</p> <p>3. Same.—In such a proceeding a statement in the information that the relator received a majority of the ballots of the qualified voters of the county, is sufficient, without setting forth the facts which constituted their qualifications. A more definite allegation would, however, be required, if the relator should claim that ballots had not been counted, on the ground that the persons casting them lacked some of the qualifications named in the statute, when in fact they possessed them all, and that thereby the relator lost his election.</p> <p>4. Election Laws.—The object of every popular election for office is to ascertain the will of the people as to who shall serve them. The laws enacted to secure this object, in so far as they require the election to be by ballot, the day of the election, and the places within designated precincts where the election shall be held, are mandatory. Other provisions prescribing the conduct of and return of an election are directory, and mere irregularities in their observance, which have not prevented the electors from exercising freely and fairly their right of suffrage, and from having their votes properly estimated for the candidates of their choice, must be treated as informalities which do not vitiate the election; provided, such' irregularities are not of