Commissioners Court — Justice of the Peace — Altering Precincts — Quo Warranto.
Where the Commissioners Court, during the term of office of a justice of the peace, altered the precincts so as to transfer a part of his territory to the precinct of another justice, whose right to exercise jurisdiction the former attempted to try by quo warranto, the court, though questioning the application of that remedy to such a case and its own jurisdiction over an application for writ of error, finding the judgment — which sustained the action of the Commissioners Court — correct, refused a writ of error without passing on the jurisdictional questions. (P. 352.)
GAINES, CHIEF JUSTICE.
The Court of Civil Appeals were inclined to doubt whether this proceeding was authorized by law, and we are disposed to agree with them. Growing out of that question is another as to the jurisdiction of this court. But having examined the case upon its merits, we are clearly of opinion that it was correctly decided in the Court of Civil Appeals. In any event the application must be refused. The result being necessarily the same, we refuse the application without passing upon either of the jurisdictional questions.
Application refused.