Ferguson Et Al. v. Commissioners Court Sabine County

WALKER, Justice. This proceeding, although involving a prayer for injunctive relief, is in fact an election contest; and the appeal before us was taken by the contestants from a judgment of the district court of Sabine County dismissing the contest pursuant to a plea by contestees, styled by them a plea in abatement, although in fact a plea to the jurisdiction. Since the document is so referred to by the parties, and is so identified in the record, we shall also refer to it as a plea in abatement. The record identifies contestants as plaintiffs and contestees as defendants, and the parties will be so styled in this opinion. The trial court's judgment was rendered upon a trial to the court without a jury; and at plaintiff's request, the trial court filed findings of fact and conclusions of law. A statement of facts has also been filed. None of the trial court's findings of fact have been attacked on this appeal.