State ex rel. Clement v. Paris Railway Co.
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. R. R. Gaines. Suit filed by the county attorney in the name of The State ex rel. of S. E. Clement and other persons against the Paris Railway Co., to enjoin it from building its railway along a street in the city of Paris, on the ground that its construction would be without authority of law, and that if built it would constitute a, public nuisance.
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Appeal from Lamar. Tried below before the Hon. R. R. Gaines. Suit filed by the county attorney in the name of The State ex rel. of S. E. Clement and other persons against the Paris Railway Co., to enjoin it from building its railway along a street in the city of Paris, on the ground that its construction would be without authority of law, and that if built it would constitute a, public nuisance. An exhibit attached to the answer contained a copy of a city ordinance of Paris, authorizing the company “toextend their track across the street and sidewalk on South Main street, at a point east of,…
1Opinion of the Court
Gould, Associate Justice.
We agree with the district court in its opinion that this suit could only be instituted, on behalf of the state, by the attorney general, or by his direction.
As this is not an information or proceeding in quo warranto to forfeit the franchise of the railway company, the authority to institute it is not affected by the provisions of the act on that subject. R. S., Appendix, p. 47. The only relief sought by the petition was to enjoin the company from constructing its road at a certain point in the city of Paris, on the ground that it was proceeding to do so without any…
2Cited by12 opinions
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- Wexler v. StateCourt of Appeals of Texas · 1922
- Security State Bank of San Juan v. StateCourt of Appeals of Texas · 1943
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