Corporation of Seguin v. Ireland
Texas Supreme Court
Appeal from Guadalupe. Tried below before the Hon. Everett Lewis. The town, acting through the mayor and board of aldermen, whether by direct ordinance is not shown, erected near the center of the public square in the town of Seguin a small wooden building, one end of which was used and designed for a calaboose or prison, in which those offending against the town government were confined, and the other end was used and built for a market house.
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Appeal from Guadalupe. Tried below before the Hon. Everett Lewis. The town, acting through the mayor and board of aldermen, whether by direct ordinance is not shown, erected near the center of the public square in the town of Seguin a small wooden building, one end of which was used and designed for a calaboose or prison, in which those offending against the town government were confined, and the other end was used and built for a market house. In constructing an addition to the house a live oak tree was cut down to make room for the building. When this was done appellee, who was a property…
1Opinion of the Court
Gould, Chief Justice.
As the owner of lots in the town of Seguin abutting on a public square alleged to have been “ dedicated as an open public ground,” John Ireland brought this suit, complaining that the town had without authority erected a market house and calaboose on this square, creating thereby a public nuisance and depreciating the value of his lots. He sought to have the buildings removed, and, upon the finding of the jury on certain special issues submitted to them, the court proceeded to adjudge that the buildings be removed. The town appeals, and the first question presented is as…
2Cases cited1 opinion
- Williams v. DavidsonTexas Supreme Court · 1875
3Cited by8 opinions
- Clement v. City of ParisTexas Supreme Court · 1915
- City of Fort Worth v. BurnettTexas Supreme Court · 1938
- City of San Antonio v. Congregation of the Sisters of Charity of the Incarnate WordCourt of Appeals of Texas · 1962
- Sanders v. MillerCourt of Appeals of Texas · 1908
- Day v. ChambersTexas Supreme Court · 1884
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