Hogg v. Waddell | Cases | Westlaw

At the general election held in November, 1930, four votes were cast for the appellant, and three votes cast for the appellee. Certificate of election was thereafter issued to appellant by the commissioners' court of the county. The case was tried without the aid of a jury, and judgment rendered in favor of the contestant. Separate findings were not filed, but recitals in the judgment disclose that the court found that Mr. and Mrs. George Hogg, who voted for appellant, were not qualified voters. The record does not disclose upon what theory the court based this finding, and so it must be sustained by this court if any phase of the evidence supports the same.

At the election in question, the contestant voted for himself. Appellant challenges the qualification of contestant as a *489 voter upon the theory that he had not resided in Winkler county for six months prior to the election. The court, however, found that contestant was a qualified voter. The testimony shows that prior to the 8th day of February, 1930, Waddell's wife and children lived in Midland county. Upon that date, his wife died. He still owns a home in Midland where he has a housekeeper to take care of his children, and they attend school in Midland. Waddell testified that since the death of his wife his residence has been on the ranch in Winkler county, and that he has slept there four-fifths of the time. Upon this phase of the case, the question of Waddell's intention is material. The evidence would have warranted the trial court in finding that Waddell was not a resident of Winkler county, and, if such finding had been made, it would have been the duty of this court to uphold the same; but the evidence also supports the view that Waddell was a resident of Winkler county and had resided there since the death of his wife. Article 2958, Revised Statutes, and cases cited above.