J. Ernest Stroud v. John Stiff

Appellant, the Mayor of the City of Amarillo, had sought to enjoin and restrain the city manager, the city secretary, and
the four city commissioners of Amarillo, appellees, from proceeding under two election resolutions. The trial court refused
the issuance of the injunction prayed for, and this appeal has resulted. The judicially recorded events leading to this disputation began on January 12, 1971, when a resolution was passed by the
city commission and signed by the mayor calling a municipal election for April 6, 1971, for the purpose of electing a mayor
and four city commissioners. On the same day appellant signed and filed with the city secretary a written order calling and
providing for a municipal election, and appointing election judges therefor, to be held on April 6, 1971, to elect a mayor
and four city commissioners, and on or about January 14, 1971, appellant signed and filed a similar order amending his prior
order. On January 26, 1971, the four city commissioners passed a resolution appointing election judges and providing for the
general conduct of the city election called in the previous resolution. Reciting that he alone has the authority to call the
city election and appoint judges therefor and that appellees have refused to recognize his election order, appellant filed
his application for a temporary injunction to restrain and enjoin the named officers and employees of the city from proceeding
under the two election resolutions, and praying that upon a hearing the injunction be made permanent. The trial court held
a hearing and at the conclusion thereof denied the application and refused to issue an injunction.