Legal Opinion

Dallas County v. Plowman

Texas Supreme Court

Decided February 20, 1906No. 1511PublishedCited by 43 opinions

Error to the Court of Civil Appeals for the Fifth District, in an appeal from Dallas County. Plowman sued the county to enjoin the taking possession of his land for a public road. His preliminary injunction was dissolved on hearing and himself enjoined from obstructing the highway. He appealed, and the judgment was reversed and rendered in his favor, making his injunction perpetual. The county then obtained a writ of error.

1Opinion of the Court

BROWN, Associate Justice.

Plowman instituted this suit in the District .Court of Dallas County for the purpose of annulling the condemnation of his land for a public road, which had been secured by the county through regular proceedings under the general law. Plowman procured from the judge of the District Court a writ of injunction enjoining the county from taking possession of the land. The land belonged to Plowman and his minor children, but he prosecuted the suit alone. Upon a trial in the District Court, the injunction was dissolved, and a mandatory injunction ordered, requiring Plowman…

2Cases cited1 opinion

  1. Smith v. Grayson CountyCourt of Appeals of Texas · 1897

3Cited by43 opinions

  1. Tarrant County v. ShannonTexas Supreme Court · 1937
  2. Austin Bros. v. PattonTexas Commission of Appeals · 1926
  3. County of Harris v. ShepperdTexas Supreme Court · 1956
  4. Lone Star Gas Co. v. City of Fort WorthTexas Supreme Court · 1936
  5. Commissioners' Court of Limestone County v. GarrettTexas Commission of Appeals · 1922

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