29 S.W. 649 | Tex. | 1895
Lead Opinion
This suit was instituted against the applicant for the writ of error to remove him from the office of sheriff of Hartley County, to which he was elected at the general election, held in the year 1892. The alleged ground for his removal was, that he had failed to qualify by giving the bonds required by the statute. Upon the trial in the District Court there was a judgment removing him from office, which was affirmed in the Court of Civil Appeals. This application is for a writ of error to the latter court for the purpose of reversing their judgment and that of the trial court.
The term of office to which the applicant was elected has long since expired. The subject matter of the controversy has ceased to exist. Under such circumstances, an appeal will not be entertained merely to determine a question of costs. La Coste v. Duffey,
Application dismissed.
Delivered February 7, 1895.
In Gordon v. The State,
Addendum
In support of a motion for a rehearing of this application it is urged, that the court ought to assume jurisdiction and determine the case, for the reason, that although the term of office to which the applicant was elected has expired, if the judgment removing him remain unreversed it may be pleaded in bar to a suit for the recovery of the fees of the office. There is force in the contention as applied to a proper case. Since the cases cited in our former opinion were decided, this court has held that an officer de jure, who has been illegally ousted, may maintain an action for the recovery of the fees of the office. Beard v. Decatur,
The motion for a rehearing is overruled.
Motion overruled.
Delivered February 28, 1895. *567