# Oliphint v. Christy

> Texas Supreme Court · March 13, 1957 · 157 Tex. 1

URL: https://www.frixlaw.com/law-library/cases/9664479

## Case

- **Full name:** G. R. Olipint v. George W. Christy Et Al
- **Court:** Texas Supreme Court
- **Decided:** March 13, 1957
- **Citations:** 157 Tex. 1; 299 S.W.2d 933; 1957 Tex. LEXIS 557
- **Precedential status:** Published
- **Opinion:** Dissent by Norvell
- **Judges:** Smith, Norvell
- **Cited by:** 17 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/9664479

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9664479. Public record. Not legal advice.