Legal Opinion

Strength v. Black

Court of Appeals of Texas

Decided December 8, 1920No. 2318. [fn*]PublishedCited by 2 opinions

Appeal from District Court, Harrison County; P. O. Beard, Judge. Action by J. M. Black and others against W- II- Strength, County Judge, and the County Commissioners of Harrison County. Erom a judgment for plaintiffs, defendants appeal.

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Appeal from District Court, Harrison County; P. O. Beard, Judge. Action by J. M. Black and others against W- II- Strength, County Judge, and the County Commissioners of Harrison County. Erom a judgment for plaintiffs, defendants appeal. More than 250 resident property taxpaying voters of Harrison county petitioned the commissioners’ court to order an election to determine whether or not bonds of the county to the amount of $1,750,000 should be issued for road construction purposes “throughout the county,” as authorized by subdivisions 3 and 4 of article 637a of the statutes, as amended by…

1Opinion of the CourtLevy, J.

(after stating the facts as above). The appellants insist that the appellees were not entitled to the injunction granted in this case, because the order of the commissioners’ court of April 14, 1919: (1) Was not a part of the order for the election to determine whether or not the bonds should be issued; (2) was only a conditional order before the bonds were voted and issued, and was not an authorized exercise of the power of the commissioners’ court; and (3) the discretionary power conferred upon the commissioners’ court to determine the roads to be improved with the proceeds of bonds cannot…

2Cases cited4 opinions

  1. Moore, Country Judge v. CoffmanTexas Supreme Court · 1918
  2. Grayson County v. HarrellCourt of Appeals of Texas · 1918
  3. Tyree v. Road Dist. No. 5Court of Appeals of Texas · 1917
  4. Scott v. ForrestCourt of Appeals of Kentucky · 1917

3Cited by2 opinions

  1. Black v. StrengthTexas Supreme Court · 1922
  2. Ploch v. DickisonCourt of Appeals of Texas · 1949

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