`final adjudication' in article 7.14, section 23 of the Election Code means determination by judge on competent evidence
How later courts described this case
- `final adjudication' in article 7.14, section 23 of the Election Code means determination by judge on competent evidence
Written by the judges who cited it.
The opinion
Mr. Justice Norvell
dissenting.
To my mind the clause placed within the parenthesis in Article 7.14, Section 23, Vernon’s Annotated Election Code, renders such section inapplicable to the facts disclosed by the present record. These words are: “(after the casting of such fraudulent or illegal casting of a ballot has been established by final adjudication before a court of competent jurisdiction and by competent evidence).” A “final adjudication” could only take place in a proceeding held anterior to the election contest itself. This construction may render the statute largely ineffective, but we are hardly at liberty to disregard the well established and recognized meaning of the term “final adjudication.” 16 Words & Phrases 583.
I accordingly dissent from the order affirming the judgment of the Court of Civil Appeals.
Opinion delivered March 13, 1957.