STEVENS v. CAIN

No. 07-87-0187-CV.

735 S.W.2d 694 (1987)

John D. STEVENS, Relator, v. Honorable Don E. CAIN, Judge, Respondent.

Court of Appeals of Texas, Amarillo.

August 21, 1987.


Attorney(s) appearing for the Case

Frank Lay, Borger, for relator.

Vance Jones, Borger, for party-in-interest.

Before the court en banc:


REYNOLDS, Chief Justice.

We accepted this original proceeding under the tentative view that the issues presented were whether there may be posed and resolved in a mandamus action this question: After it is finally determined in an election contest that the general election held for a precinct office is void, is the district judge empowered to declare that the office, occupied by the qualified contestee, is vacant? We now conclude, upon an examination of the record...

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