H. Westerman v. C. D. Mims

Summary

The Texas Supreme Court denied the petition for a writ of mandamus to place Aubrey Fuller on the official ballot as an independent candidate, holding that the relators lacked clean hands and that Fuller’s prior participation in the Democratic primary and statutory pledge created an obligation that barred his independent candidacy. Chief Justice Phillips concurred in the result but dissented from the majority’s reasoning, asserting that the pledge imposes a legal, not merely moral, duty.