Legal Opinion

Heidenheimer v. City of Galveston

Texas Commission of Appeals

Decided March 13, 1880Published

Appeal from Galveston county. Opinion by Quinan, J. Statement.— The grounds alleged of illegality in the action of the city council may be stated succinctly as follows: 1. That the city did not and does not own or possess the right of way on the streets mentioned in Dren nan and Sullivan’s petition, and has not accepted any deed of dedication to such streets. 2. That the work of filling up the ponds and low places was not done by or on account of the city. 3. That before the…

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Appeal from Galveston county. Opinion by Quinan, J. Statement.— The grounds alleged of illegality in the action of the city council may be stated succinctly as follows: 1. That the city did not and does not own or possess the right of way on the streets mentioned in Dren nan and Sullivan’s petition, and has not accepted any deed of dedication to such streets. 2. That the work of filling up the ponds and low places was not done by or on account of the city. 3. That before the work was performed no estimate of the probable cost thereof was made by the city engineer or other officer; that no…

1Opinion of the Court

Opinion.— We will consider these propositions in the order stated, and in connection with them the fourteen. assignments of error and the several propositions made under them, so far as we deem it necessary to the proper disposition of the case. They involve the whole contention; and the determination of them, in our judgment, determines the controversy.

1st. As to what is alleged respecting the right of way. We do not think the proposition is supported by the facts or the law. The proof shows that the owners of the property united in making deeds of dedication to the city of the streets so…

2Cases cited4 opinions

  1. Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
  2. Oswald v. GrenetTexas Supreme Court · 1858
  3. Mayor of Cumberland v. MagruderCourt of Appeals of Maryland · 1871
  4. Supples v. LewisSupreme Court of Connecticut · 1871

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