Legal Opinion

Howard v. County of Nolan

Court of Appeals of Texas

Decided January 9, 1959No. 3403PublishedCited by 16 opinions

1Opinion of the Court

COLLINGS, Justice.

This is an appeal from a summary judgment. L. S. Howard and wife, after securing legislative authority, brought suit against defendants, the State of Texas and Nolan County, to set aside a deed conveying certain land to the defendants for highway purposes. They sought in the alternative to recover damages in the sum of $8,600. Defendants filed a plea in abatement to plaintiffs’ claim for damages on the ground that they had not secured legislative permission to sue therefor. H.C. R, No. 66, Acts 55th Leg.Reg.Session 1957. The plea in abatement was sustained without prejudice…

2Cases cited5 opinions

  1. City of San Antonio v. GrandjeanTexas Supreme Court · 1898
  2. Statham v. City of TylerCourt of Appeals of Texas · 1953
  3. State v. BrewerTexas Supreme Court · 1943
  4. Hightower v. City of TylerCourt of Appeals of Texas · 1939
  5. Pate v. StevensCourt of Appeals of Texas · 1953

3Cited by16 opinions

  1. City of Carrollton v. SingerCourt of Appeals of Texas · 2007
  2. Moore & Moore Drilling Company v. WhiteCourt of Appeals of Texas · 1961
  3. Weingarten Realty Investors v. Albertson's, Inc.District Court, S.D. Texas · 1999
  4. Richman Trusts v. KutnerCourt of Appeals of Texas · 1973
  5. Southwest E & T Suppliers, Inc. v. American Enka Corporation, Akzona, Inc.Court of Appeals for the Fifth Circuit · 1972

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