Todd v. Helton

REAVLEY, Justice.

When the county judge orders an election to be held upon the question of the incorporation of a town, and if he does so’ by determining the requisite number of inhabitants therein on his assumption of verity of the affidavits submitted by the applicants, may he effectively revoke that order upon discovering the affidavits to have been false? The trial court has ruled that the county judge retains his fact finding power after he enters his order and may revoke the order upon a subsequent rede-termination. The Court of Civil Appeals has held that the order, once it has been…