Kaufman County v. McGaughey
Court of Appeals of Texas
Error from Travis. Tried below before Hon. James H. Robertson. On the Sth day of January, 1892, plaintiff in error, Kaufman County, filed this suit in the District Court of Travis County against W. L. Mc-Gaughey, Commissioner of the General Land Office of the State of Texas; and H. Y. Kinscy, alleged to be the county surveyor of Hunt County, or else employed to act with or under defendant McGaughey.
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Error from Travis. Tried below before Hon. James H. Robertson. On the Sth day of January, 1892, plaintiff in error, Kaufman County, filed this suit in the District Court of Travis County against W. L. Mc-Gaughey, Commissioner of the General Land Office of the State of Texas; and H. Y. Kinscy, alleged to be the county surveyor of Hunt County, or else employed to act with or under defendant McGaughey. The purpose of the suit was to obtain an injunction restraining defendants in error from re-establishing or attempting to re-establish the boundary line between Kaufman and Hunt Counties. Among…
1Opinion of the Court
KEY, Associate Justice.
Questions of law only are presented by this appeal. These are:
First. Under the Constitution and other laws in force at the time this ■case was disposed of in the District Court, to-wit, April 5, 1892, had that court jurisdiction to issue a writ of injunction against the Commis sioner of the General Land Office, he being the head of one of the executive departments of the State Government?
Second. Eliminating the first question, as against a general demurrer, does the plaintiff’s petition state such facts, if true, as will entitle it to-an injunction ?
1. As settling the…
2Cases cited9 opinions
- Gardner v. DouglassTexas Supreme Court · 1885
- Van Ratcliff v. CallTexas Supreme Court · 1889
- County of Anderson v. KennedyTexas Supreme Court · 1883
- Davis v. BurnettTexas Supreme Court · 1890
- Galveston, Brazos, & Colorado Narrow-Gauge Railway Co. v. GrossTexas Supreme Court · 1877
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3Cited by13 opinions
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- Terrell v. MiddletonCourt of Appeals of Texas · 1916
- Short v. W. T. Carter & BrotherTexas Supreme Court · 1939
- Terrell v. MiddletonTexas Supreme Court · 1916
- American Nat. Bank of Austin v. SheppardCourt of Appeals of Texas · 1943
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