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STATE v. JOHNSTON

No. A-3076.

238 S.W.2d 957 (1951)

STATE ex rel. LUKOVICH et al. v. JOHNSTON et al.

Supreme Court of Texas.

April 25, 1951.

Attorney(s) appearing for the Case

Al. L. Crystal, Houston, Robert R. Thornton, Bryan F. Williams, Jr., and Raymond E. Magee, County Atty. all of Galveston, for appellants.

Markwell & Stubbs, Sherwood Brown, Jr., Walter Ressel, Stone & Phipps and Vincent Licata, all of Galveston, for appellees.

BREWSTER, Justice.

This is the second appeal of this cause, a quo warranto proceeding by which Ambrose Lukovich, appellant, seeks to recover from Walter L. Johnston, appellee, the office of Fire-Police Commissioner to the City of Galveston. For the first appeal, see State of Texas ex rel. Lukovich v. Johnston, Tex.Civ.App., 228 S.W.2d 327, error dismissed for want of jurisdiction.

At the second trial, the trial court deducted...

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