City of Quanah v. White
Texas Supreme Court
Error to Court of Civil Appeals for Second District, in an appeal from Hardeman County. This litigation involved the liability of the newly incorporated city of Quanah for the debts of a defunct corporation occupying the same territory, but declared void. Judgment was rendered in the District Court in favor of the defendant, the new corporation.
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Error to Court of Civil Appeals for Second District, in an appeal from Hardeman County. This litigation involved the liability of the newly incorporated city of Quanah for the debts of a defunct corporation occupying the same territory, but declared void. Judgment was rendered in the District Court in favor of the defendant, the new corporation. On appeal, the judgment was reversed by the Court of Civil Appeals and judgment rendered for the plaintiff for his debt, and against the new corporation. It was assigned as error, that “the legal effect of the decision and judgment of the Court of…
1Opinion of the Court
BROWN, Associate Justice.
—In the year 1890 the city of Qua-nah was incorporated, that is, all the forms of law were observed, but it was afterwards declared to be void, because it embraced territory not subject to incorporation under the law. While it remained in force the city elected officers and contracted debts, of which the debts sued upon in this case was one, or comprises perhaps more than one, all belonging to the plaintiff. In the year 1892, upon quo warranto proceedings, the incorporation of that city was declared to be void, and it was dissolved by the judgment of the District…
2Cases cited2 opinions
- Spring v. Collector of OlneyIllinois Supreme Court · 1875
- Ewing v. Commissioners CourtTexas Supreme Court · 1892
3Cited by16 opinions
- Stockyards National Bank v. MaplesTexas Supreme Court · 1936
- Shapleigh v. San AngeloSupreme Court of the United States · 1897
- State ex rel. Birdzell v. JorgensonNorth Dakota Supreme Court · 1913
- Young v. City of ColoradoCourt of Appeals of Texas · 1915
- Fenet v. McCuistonTexas Supreme Court · 1912
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