Burns v. United States Fire Insurance Co.

By my conclusions upon proper disposition I would reverse the judgment rendered below and remand the cause for a trial on the merits.

By my construction of V.A.T.S., Art. 999 and 999a, the municipal authorities had the authority to dispense with the office of marshal if at the same time and by the provisions of Art. 999, they conferred the duties of his office upon another existing peace officer of the county; but the ordinance by which Westworth Village sought to accomplish that objective did not do this. To have by the same ordinance, or by another ordinance enacted simultaneously, created…