Home/Court of Appeals of Texas/Rodriguez v. Vera

Rodriguez v. Vera

249 S.W.2d 689, 1952 Tex. App. LEXIS 2183
CourtCourt of Appeals of Texas
DecidedMay 14, 1952
Docket12411
StatusPublished
Cited by13 cases

This text of 249 S.W.2d 689 (Rodriguez v. Vera) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rodriguez v. Vera, 249 S.W.2d 689, 1952 Tex. App. LEXIS 2183 (Tex. Ct. App. 1952).

Opinion

NORVELL, Justice.

This is an appeal from a final decree of the District Court of Starr County declaring invalid five orders of the Commissioners’ Court of Starr County, dated August 16, 1951. Appropriate injunctive relief was granted restraining said Commissioners’ Court and other officials of Starr County from giving effect' to such orders. Trial was to the court without a jury. Findings of fact and conclusions of law were filed and are here attacked by appellants who are the officials of Starr County affected by the injunction.

The stricken orders relate to the consolidation of justice precincts and election precincts in the western portion of Starr County, together with a change in polling places.

The subjoined map shows Election Precincts Nos. 5, 6 and 7 of the 'County as they existed prior to the orders passed on April 16, 1951. The Rio Grande and U. S. Highway No. 83 is also indicated, as well as the *691 settlements and towns of Roma, El Saens and Escobares.

The polling places for Election Precincts Nos. 5 and 6 were located at Escobares and Roma, respectively. Justice Precinct No.

5 was the same as Election Precinct No. 5. Justice Precinct No. 2 embraced Election Precincts Nos. 6 and 7.

The orders held invalid by the district court purported to (1) consolidate Election Precincts Nos. 5 and 6, and designate the consolidated precinct as No. 6; (2) designate a place in El Saenz as the polling place for new Election Precinct No. 6; (3) consolidate Justice Precinct No. S with Justice Precinct No. 2, and designate the new justice precinct as No. 2; (4) fix the places for and prescribe the times for holding terms in new Justice Precinct No. 2; and (S) appoint Daniel Guerra and Jose Pilón (justice of the peace and constable of old Precinct No. 2) justice of the peace and constable, respectively, of new Justice Precinct No. 2.

The supervisory control over commissioners’ courts vested in the district courts by our-constitution (Article S, § 8, *692 Vernon’s Ann.St.Const), has been discussed in numerous appellate decisions. Orders of commissioners’ courts relating to matters within their jurisdiction are presumedly valid. The establishment of election precincts and justice precincts admittedly lie within the jurisdiction of the commissioners’ courts. Const, art. 5, § 18, Article 2933, Revised Statutes, 1925, § 12, 1951 Election Code, Article 2.04, Election Code, Vernon’s Ann.Civ.Stats. In Tarrant County v. Shannon, 129 Tex. 264, 104 S.W.2d 49, it was said that:

*691

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Bluebook (online)
249 S.W.2d 689, 1952 Tex. App. LEXIS 2183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-vera-texapp-1952.