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PENA v. MONTALVO

No. 12210.

233 S.W.2d 162 (1950)

PENA v. MONTALVO.

Court of Civil Appeals of Texas, San Antonio.

October 4, 1950.

Attorney(s) appearing for the Case

Gerald Weatherly, Corpus Christi, for appellant.

Magus F. Smith, McAllen, A. J. Vale, Rio Grande City, for appellee.

PER CURIAM.

This is an election contest growing out of a primary election. Eligio Pena instituted this proceeding against E. A. Montalvo, who had received a certificate of nomination as County Commissioner of Precinct No. 4 of Starr County, Texas, in the Democratic Primary Election of July 22, 1950. According to the canvass by the Executive Committee, Pena received 167 votes and Montalvo received 424 votes.

The only ground of this contest is that Montalvo...

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