Legal Opinion

City of El Paso v. West

Court of Appeals for the Fifth Circuit

Decided April 6, 1939No. 8859PublishedCited by 4 opinions

1Opinion of the Court

SIBLEY, Circuit Judge.

The facts are in no substantial dispute. The City of El Paso and the property owners on certain of its streets wished to pave the streets. Bonds could have been issued by the City, or by a special improvement district, if authorized by an 'election therein, but under the Texas Constitution no debt could be created without having laid a tax to pay it. Vernon’s Ann.St.Tex. Const, art. 11, § 5. Instead of following any of these plans, by virtue of charter powers which were supposed to authorize it it was determined that the City should contract for the paving so that it…

2Cases cited10 opinions

  1. City of Fort Worth v. BobbittTexas Supreme Court · 1931
  2. Hatcher v. State of TexasTexas Supreme Court · 1935
  3. City of Fort Worth v. BobbittTexas Commission of Appeals · 1931
  4. Peake v. New OrleansSupreme Court of the United States · 1891
  5. State Ex Rel. Southern Surety Co. v. ArmstrongSupreme Court of Oklahoma · 1932

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3Cited by4 opinions

  1. Moorehead v. MillerDistrict Court, Virgin Islands · 1984
  2. City of Beach v. GoepfertCourt of Appeals for the Eighth Circuit · 1945
  3. Purcell v. City of CarlsbadCourt of Appeals for the Tenth Circuit · 1942
  4. West v. City of El PasoSupreme Court of the United States · 1939

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