State v. Manlove

Citations

• 33 Tex. 798

Syllabus

<p>1. The State was not a proper party to a proceeding instituted by a person appointed by the district court to discharge, pro tempore, the duties of district attorney, when the object of such proceeding was to eontost the right of such appointee to exorcise the office during the term, as against that of another person who had been appointed and commissioned by the Governor ; and on an appeal taken by such pro tern, appointee from a decision against him by the district court, it was not error to require him to give an appeal bond.</p> <p>2. Under Article 191, PaschaUs Digest, the power of the district court to . make such an appointment, on the contingency mentioned in that article, is unrestricted, except that the appointment cannot extend beyond the term of the court then current; and it would be competent for the court to make such an appointment for each day of the term, or for each case in which the State was interested, or to terminate at the will and pleasure of the court,</p> <p>3. In the present ease the appointment made by the district court designated no time for which it ¡should continue, and on a subsequent day of the term that court adjudged that it had been terminated by the appearance of the person appointed and commissioned as the regular district attorney. Held, that this action of the district court disposed of all pretense' of right on the part of the pro Um, appointee, and would not to be disturbed by this court.</p>