Floyd v. Turner
Texas Supreme Court
Appeal from Orange. Tried below before the Hon. James M. Maxcey. This was a suit by the appellant against the appellees, John Turner, road overseer, Alexander Davis, chief justice of Orange county, Hugh Ochiltree and others, county commissioners, to enjoin and restrain the road overseer from proceeding to open a road, which the plaintiff alleged would pass through his homestead tract of land, to his great damage.
Read the full summary
Appeal from Orange. Tried below before the Hon. James M. Maxcey. This was a suit by the appellant against the appellees, John Turner, road overseer, Alexander Davis, chief justice of Orange county, Hugh Ochiltree and others, county commissioners, to enjoin and restrain the road overseer from proceeding to open a road, which the plaintiff alleged would pass through his homestead tract of land, to his great damage. The plaintiff alleged in his petition, that at the November Term, 1854, of the County Court of Orange county, an order was made, appointing certain commissioners, to review and lay…
1Opinion of the CourtWheeler, C. J.
The injunction appears to have been rightly dissolved upon the answer. But upon the motion to dismiss, the court could only look to the petition. That presents the case of an attempt to lay out and establish a road through the plaintiff’s farm and improvements, to his great injury, without first having complied with the requirements of the law, in such cases. (Act 4th February, 1852, Pamph. Laws, 36, ch. 34, §§ 6, 7, 8, 9.) The motion to dismiss, is in the nature of a demurrer, and .admits the truth of the petition for the purpose of considering its legal sufficiency. If true, the plaintiff…
2Cited by9 opinions
- Bourgeois v. MillsTexas Supreme Court · 1883
- Erwin v. FulkIndiana Supreme Court · 1884
- Gulf, T. & W. Ry. Co. v. LunnCourt of Appeals of Texas · 1911
- Love v. PowellTexas Supreme Court · 1886
- Jones v. Florida C. & P. R. Co.United States Circuit Court for the Southern District of Florida · 1889
4 more not listed; retrieve them via the Exa API.