Floyd v. State
Texas Supreme Court
Appeal from Orange. Tried below before the Hon James M. Maxcy. Indictment for obstructing a public road. The offence is alleged to have been committed in the year 1857. In the year 1848 the County Court appointed five persons to review a certain road specified in the order by the termini thereof.
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Appeal from Orange. Tried below before the Hon James M. Maxcy. Indictment for obstructing a public road. The offence is alleged to have been committed in the year 1857. In the year 1848 the County Court appointed five persons to review a certain road specified in the order by the termini thereof. They made their report, making the following designations of the road: “To run from the neighborhood of Double Point, say to intersect the road to Curtis’ ferry, on Cow Bayou, to strike the marsh on the west side of the river at a bunch of gums; thence strike the river one mile and a quarter above…
1Opinion of the CourtRoberts, J.
The point in this case is whether or not the road obstructed was shown to be a public road. It is contended by appellant that it was not a public road, because the persons appointed to lay out the road did not perform their duty as required by law, and until that was done the order creating the road was inoperative.
The act of Congress of 1836, under which this order was made, vests in the “ County Court full power to order the laying out public roads, when necessary.” It provides also that whenever it shall be deemed necessary to lay out any new road, the County Court shall appoint at least…
2Cited by4 opinions
- Cavin v. HillTexas Supreme Court · 1892
- Nye v. GribbleTexas Supreme Court · 1888
- Hoffman v. BuchananCourt of Appeals of Texas · 1909
- McCardell v. LeaCourt of Appeals of Texas · 1917