# Love v. Wilcox

> Texas Supreme Court · June 4, 1930 · 119 Tex. 256

URL: https://www.frixlaw.com/law-library/cases/3952829

## Case

- **Full name:** Thomas B. Love v. D. W. Wilcox Et Al.
- **Court:** Texas Supreme Court
- **Decided:** June 4, 1930
- **Citations:** 119 Tex. 256; 28 S.W.2d 515; 70 A.L.R. 1484; 1930 Tex. LEXIS 162
- **Precedential status:** Published
- **Opinion:** Addendum by Greenwood
- **Judges:** Greenwood
- **Cited by:** 125 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3952829

## How later opinions describe it (automated extraction)

- stating that a judge who is not disqualified has a duty to sit in a case, even if the judge is "embarrassed" to proceed due to a "personal interest adverse to the appellants"
- explaining that "[t]he interest which will disqualify a judge must be direct and immediate, and not contingent and remote" (citation omitted)

## Opinion text

ON MOTION FOR REHEARING.
Mr. Justice GREENWOOD
delivered the opinion of the court.
The respondents complain that error was committed in the statement of the case herein as follows:
*280
First: In the statement that relator was excluded from participation in the Democratic State Convention held at Beaumont on May 28th to select delegates to the Democratic National Convention, when he was not actually excluded from that convention, but was excluded from the State Convention held at Dallas in September, 1928.
Second: In the order in which the court numbered the resolutions adopted by the State Democratic Executive Committee on February 1, 1930, in that the resolution called “fourth” in the opinion was adopted “first.”
It is true that the Beaumont Convention held at Beaumont in May did not exclude relator, and that relator did there take a pledge “to support the nominees of the party,” and that relator was excluded from participation in the State Democratic Convention at Dallas in September, instead of the State Democratic Convention at Beaumont in May, and the opinion is corrected to so read.
The opinion is also corrected to show that the Committee numbered the resolution “fourth,” which, for convenience, was numbered “first” in the opinion.
These corrections are obviously and wholly immaterial to any conclusion announced in the original opinion.
After careful consideration of the motion, we adhere to the conclusions leading to the judgment heretofore entered, and the motion for rehearing is therefore overruled.
Opinion delivered June 4, 1930.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3952829. Public record. Not legal advice.