Home/Texas Supreme Court/McWhorter v. Northcut

McWhorter v. Northcut

58 S.W. 720, 94 Tex. 86, 1900 Tex. LEXIS 213
CourtTexas Supreme Court
DecidedOctober 18, 1900
DocketApplication No. 2781.
StatusPublished
Cited by54 cases

This text of 58 S.W. 720 (McWhorter v. Northcut) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McWhorter v. Northcut, 58 S.W. 720, 94 Tex. 86, 1900 Tex. LEXIS 213 (Tex. 1900).

Opinion

GAINES, Chief Justice.

We are of the opinion that the Court of Civil Appeals made a correct disposition of this case. Until the opinion on the motion for a rehearing in the case of Robinson v. State, 87 Texas, 562, it was the settled rule in this State not to entertain an appeal in a suit to determine the title to an office after the term of office under the law had expired. Upon the argument of that motion, it was urged that since it had been determined that an officer wrongfully ousted could sue for and recover the fees of the office, it was improper to dismiss the appeal and to leave the judgment of the trial court in force, for the reason that it could be pleaded as res adjudicata in a subsequent suit to recover the fees of the office. If such were the result, it would seem that the appellant would, even after the term had expired, have a substantial right to be determined by the appeal. The argument raised in our minds a grave doubt as to the correctness of the *87 established rule, but we did not find it necessary in that case to decide the question.

A further consideration has removed our doubt upon the point. If the rule was to dismiss the appeal, the argument made in the Robinson case would be difficult to answer. But such is not the rule. It is to dismiss the case. Such a dismissal vacates the judgment of the trial court and leaves a subsequent litigation between the parties for the fees of the office unembarrassed by a former adjudication. In Gordon v. State, 47 Texas, 208, and Lacoste v. Duffy, 49 Texas, 767, the suits were dismissed; and such was the judgment of the Court of Civil Appeals in this case. We note, however, that the learned judge who wrote the opinion of the court said they were “of opinion that the appeal should be dismissed.” This was doubtless the result of inadvertence.

The writ of error is refused.

Refused.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Texas Quarter Horse Association Texas Thoroughbred Association Texas Horsemen's Partnership Gillespie County Fair and Festivals Association, Inc.et Al. // American Legion Department of Texas v. American Legion Department of Texas, Temple Post 133 Kickapoo Traditional Tribe of Texas Thompson Allstate Bingo Supply, Inc. And Moore Supplies, Inc.// Texas Quarter Horse
496 S.W.3d 175 (Court of Appeals of Texas, 2016)
Carrillo v. State
480 S.W.2d 612 (Texas Supreme Court, 1972)
Hand v. State Ex Rel. Yelkin
335 S.W.2d 410 (Court of Appeals of Texas, 1960)
Hammer v. City of Dallas
273 S.W.2d 646 (Court of Appeals of Texas, 1954)
Texas Foundaries, Inc. v. International Molders & Foundry Workers Union
248 S.W.2d 460 (Texas Supreme Court, 1952)
Travis County v. Matthews
221 S.W.2d 347 (Court of Appeals of Texas, 1949)
Verner v. Tomlinson
148 S.W.2d 218 (Court of Appeals of Texas, 1941)
University Interscholastic League v. Sims
131 S.W.2d 94 (Texas Supreme Court, 1939)
International Ass'n of MacHinists Union No. 1486 v. Federated Ass'n of Accessory Workers
130 S.W.2d 282 (Texas Supreme Court, 1939)
Waltrip v. State
129 S.W.2d 511 (Court of Appeals of Texas, 1939)
City of West University Place v. Martin
123 S.W.2d 638 (Texas Supreme Court, 1939)
Taylor v. Nealon, Chief Justice
120 S.W.2d 586 (Texas Supreme Court, 1938)
Benavides v. Atkins, Co. Chairman
120 S.W.2d 415 (Texas Supreme Court, 1938)
McAfee v. Staerker
116 S.W.2d 789 (Court of Appeals of Texas, 1938)
State Ex Rel. Baughman v. Woodruff
106 S.W.2d 1088 (Court of Appeals of Texas, 1937)
Connecticut General Life Ins. Co. v. Mathis
91 S.W.2d 1184 (Court of Appeals of Texas, 1936)
Board of Trustees of St. Jo Independent School Dist. v. Redman
83 S.W.2d 1079 (Court of Appeals of Texas, 1935)
Cullen v. Ellis County Levee Improvement Dist. No. 3
77 S.W.2d 310 (Court of Appeals of Texas, 1934)
Oliver v. Freeland
74 S.W.2d 711 (Court of Appeals of Texas, 1934)
First Coleman Nat. Bank of Coleman v. Whitfield
69 S.W.2d 819 (Court of Appeals of Texas, 1934)

Cite This Page — Counsel Stack

Bluebook (online)
58 S.W. 720, 94 Tex. 86, 1900 Tex. LEXIS 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcwhorter-v-northcut-tex-1900.