State Ex Rel. Burkett v. Town of Clyde

This suit, being an action in the nature of quo warranto, was brought by the state of Texas, on the relation of certain residents of the town of Clyde, seeking to have declared void the attempted incorporation of said town in the year 1907. The trial court sustained a general demurrer to plaintiff’s petition, and, upon plaintiff declining to amend, the case was dismissed. The appeal is from the order of dismissal, and brings before us for review the correctness of the action of the court in sustaining the demurrer.

Plaintiff’s petition undertook to allege two distinct grounds of invalidity.…