Reeves County v. Pecos County
Texas Supreme Court
Appeal from Pecos. Tried below before the Hon. T. A. Falvey. The appellant in this case sued to recover from Pecos county, from whose territory it was created, taxes collected between the date of the act authorizing its organization and the time when. it became, by the election of its officers, etc., under the statute, a new county, and for its pro rata of the money claimed to belong to Reeves county.
1Opinion of the Court
Acker, Judge.
The only assignment of error relates to the ruling of the court in sustaining appellee’s general demurrer to plaintiff’s petition and dismissing the cause. The question, then, for our determination, is: Does the petition contain such statement of a cause of action as entitles applicant to recover any amount?
*178A county is a body corporate and politic, a creature of legislation, and its rights and liabilities can not attach until it becomes a legal entity. The act of April 14, 1883, “to create and provide for the organization of the county of Reeves” simply gave to the inhabitants of…
2Cases cited2 opinions
- Clark v. GossTexas Supreme Court · 1854
- Ryan v. EvansTexas Supreme Court · 1878
3Cited by2 opinions
- Baker v. BeckTexas Supreme Court · 1889
- Brewster County v. Presidio CountyCourt of Appeals of Texas · 1898