Taylor v. Wheeler

PER CURIAM. This is an election contest. The appellee Wheeler was.the contestant and Taylor the contestee. The parties were rival candidates for the Democratic nomination for County Commissioner .of Precinct One, of Upton County. The case was tried in the District Court of Upton County and judgment rendered October 3, 1938; declaring Wheeler to be the Democratic nominee, and containing the other provisions usual in judgments of- this nature. From this judgment Taylor appealed, the transcript being filed in this Court October 7, 1938. It was not accompanied by any statement of facts because at that time it had not been possible to procure such statement. The appellant in this Court moves to dismiss the contest. It is our opinion this motion should be overruled. The case was not moot when it was tried in the' District Court of Upton County and judgment rendered. If it had been moot the District Court should have entered an order of dismissal of the contest. Thomason v. Seale, 122 Tex. 160, 53 S.W.2d 764. The transcript reveals no challenge'of'the contest in the District Court upon the ground that it was moot. The case now before this Court is that of a solemn judgment of the' District Court of Upton County declaring the appellee to be the nominee. That judgment appellant contends we should set aside merely because appellant has filed a transcript and a motion to that effect, the time being too short, to permit of the proper briefing, hearing and consideration of the appeal. The idea that a judgment of the District Court may be treated so lightly is not to be considered. The appeal is moot. The contest is not; and we have no right to disregard the judgment entered in that contest except after full hearing and the ascertainment of error in its rendition. The motion to dismiss and other accompanying motions of appellant are overruled. The appeal is dismissed. Sterling v. Ferguson, 122 Tex. 122, 53 S.W.2d 753.