City of Highland Park v. Dallas Ry. Co.

This is an appeal from a judgment sustaining -a general demurrer to appellant’s petition for mandamus.

It was alleged that Highland Park was incorporated as a municipality in 1913 under the Town and Village Act of the State of Texas (Rev. St. 1911, §§ 1006-1069) and thereafter, in conformity with statutory provisions, the incorporation was changed so that it became incorporated as a city or town “with all the rights, powers, privileges, immunities and franchises conferred by the Constitution and acts of the Legislature upon cities and towns.”

Appellee, Dallas Railway Company, was alleged to be…