Seay v. Hunt

Citations

• 55 Tex. 545
• 1881 Tex. LEXIS 151

Syllabus

<p>1. Political question— City election.— The eligibility to office, and the determination of the result of an election, are both questions of a political character, which the law-making power may refer to other tribunals than constitutional courts.</p> <p>2. Same— Quo warranto.—The legislature may confer on a city council the power to determine primarily the question of the eligibility of a candidate for a municipal office, and their decision cannot be revised in a preceding by quo warranto.</p> <p>3. Same.—Whether power once being conferred on a city council to determine the question of the eligibility of a candidate for a municipal office, one conceiving himself aggrieved by their decision may, in the absence of a statute specially conferring authority, resort to a constitutional court to have the action of the council revised, ^quaere?</p> <p>4. Pleadings.— See statement of case for plea, in the nature of a plea of res adjudicata, held good on general demurrer.</p> <p>5. Municipal officer.—The mayor of the city of Dallas must have resided in that city twelve months before his election, to render him eligible to that office.</p> <p>6. Fact case.— See opinion for facts under which it was held that one elected mayor of Dallas had not resided in the city for twelve months preceding his election, as required by the charter of that</p>