City of El Paso v. Carroll

NEALON, Chief Justice.

Appellants, city of El Paso and independa ent school district of El Paso, both municipal corporations, appeal from a judgment of the district court of the Forty-First judicial district denying their prayer for mandamus against appellee, Ben Carroll, city treasurer of the city of El Paso.

The case is before us upon an agreed statement of facts and upon findings of fact made by the trial court.

The findings of fact pertinent to the issues are those numbered from 3 to 14, and are as follows:

“3. .By an election held on January 4, 1898, the City of El Paso assumed control of…