Legal Opinion

Dalton v. Allen

Court of Appeals of Texas

Decided December 17, 1919No. 5789PublishedCited by 2 opinions

Appeal from District Court, Mills County; F. M. Spann, Judge. Suit by G. H. Dalton and others against S. H. Allen and others. From judgment for defendants, plaintiffs appeal.

1Opinion of the CourtJenkins, J.

The order hereinafter referred to was passed when only three of the county commissioners of Mills county were present; the county judge being present, but not participating. Upon these facts, two. questions were presented, which we certified to the Supreme Court, namely:(1) “Cam there be a legal meeting or session of the commissioners’ court, unless the county judge is present and presiding?” To which the Supreme Court answered: “Xes.”(2) “Did the fact that the county judge presided when his salary was increased, he not voting on the proposition, render the order so made invalid?” To which…

2Cases cited1 opinion

  1. Bastrop County v. HearnTexas Supreme Court · 1888

3Cited by2 opinions

  1. Tarrant County v. HollisCourt of Appeals of Texas · 1934
  2. Jenkins v. Lipscomb CountyCourt of Appeals of Texas · 1964

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