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STATE EX REL. KELLY v. BAKER

No. 8987.

580 S.W.2d 611 (1979)

STATE of Texas ex rel. Larry KELLY, Appellant, v. T. L. BAKER, Appellee.

Court of Civil Appeals of Texas, Amarillo.

March 26, 1979.

Attorney(s) appearing for the Case

Tom Curtis, Dist. Atty. (John B. Reese and Steve Schiwetz), Asst. Dist. Attys., Amarillo, for appellant.

Miller and Miller (Dee Miller), Charles L. Rittenberry, Amarillo, Haynes & Fullenweider, Houston, for appellee.

REYNOLDS, Justice.

The State of Texas appeals from a take-nothing judgment rendered on a jury verdict in its suit to remove the Sheriff of Potter County from office for official misconduct. Because the amended petition upon which the State proceeded to trial was not verified, the district court acquired no jurisdiction of the alleged cause of action. Reversed and dismissed.

The State of Texas, acting through the District Attorney of the 47th Judicial District...

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