Harrell v. Lynch

Citations

• 65 Tex. 146
• 1885 Tex. LEXIS 328

Syllabus

<p>1. County .Seat—Removal—Acts of 1875 and 1879.—Ex parte Towles, 48 Tex., held that section 4 of the act of 1875, giving the district and supreme courts jurisdiction over contested elections for the location of county seats, was unconstitutional and the entire act void, since it was not intended to effect the removal of county seats, unless the contest provided for could be had.</p> <p>2. Same.—Ex parte Whitlow held that section 10 of the act of 1879 attempted to confer the same unauthorized jurisdiction, and was also unconstitutional.</p> <p>8. Same—Intent.—Since the act of 1879, without section 10, would accomplish the object of the law required by the Constitution of 1876, viz., a regulation of the manner of removing county seats, then, though the right of contesting the election would not exist, it can be fairly inferred that it was the intention of the legislature, already advised of the invalidity of section 10, that the other parts of the law should be enforced.</p> <p>4. SAME.—The legislature framed the act of 1879 so as to give the voters the right of contest, if ex parte Towles should be overruled; and if it should be adhered to, the right of contest would be denied, but a valid law would be in force in obedience to the constitution. It was intended that the other sections should be enforced, even if section 10 was iuvalid; and these other sections amply provide the means of accomplishing the law.</p> <p>6. Removal of county seat—Damages—Equity.—Voters in a county have, in the location of a county seat, no such interest as will form the basis of a suit. (Ex parte Towles and Walker v. Tarrant Co.) As a man has no property right in the location; an unlawful removal deprives him of no right; and the depreciation in the value of his property is not a wrong for which equity, in the absence of a legal remedy, will give redress.</p>