Williams v. State ex rel. Vasmer

Citations

• 69 Tex. 368
• 6 S.W. 845
• 1887 Tex. LEXIS 835

Syllabus

<p>1. Quo Warranto. — A proceeding in the name of the State, and in the nature of quo warranto, upon the relation of one entitled to the office of district clerk, may be maintained by him to oust an intruder who has obtained possession and assumes to exercise the functions of such office.</p> <p>2. Election — Ballot—Statute Construed. — It must be held in favor of the right of suffrage, that the statute regulating the character of ballots that may be used at an election should be strictly construed and words printed on the face of a ticket, other than those allowed by the terms of the law, will not vitiate it if they do not amount to a device or mark within the meaning of the statute. The printing of the name of the political party to which the candidate belqngs will not vitiate the ticket, Nor is it vitiated by the fact that at a general election the names of more than one political party are found on the ticket above the names of the candidates who belong, respectively, to such parties.</p> <p>3. Same — Returns oe Election. — The original returns of election are admissible, in a ease of contested election, as prima facie evidence of the truth of what they contain, when produced from the custody of the eóunty clerk, in whose office they were deposited by the managers of the election.</p>