Legal Opinion

Bourgeois v. Mills

Texas Supreme Court

Decided November 15, 1883Published

Appeal from Dallas County. STATEMENT. December 15th 1870, appellants brought this injunction suit in the district court against appellee as road overseer to retain and enjoin him from opening up a public road through their enclosed land in obedience to an order of the county commissioners’ court.

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Appeal from Dallas County. STATEMENT. December 15th 1870, appellants brought this injunction suit in the district court against appellee as road overseer to retain and enjoin him from opening up a public road through their enclosed land in obedience to an order of the county commissioners’ court. They alleged that a commissioner of review had been appointed by the court to review a road and assess the damage; that they did review and locate a public road through the enclosed lands of appellants, and assessed no damages. . This report was made to and adopted by the commissioners’ court, and…

1Opinion of the Court

Opinion by

Watts, J.

This is a suit in the district court to enjoin a road overseer from opening a public road through the enclosed lands of the appellants, in obedience to an order of the county commissioners’ court.

The county commissoners’ court is provided for by the constitution, that is, it is a constitutional court, with such powers and jurisdiction over all county business as is conferred by the constitution or that might be conferred by law.

The act to regulate the laying out, opening and classifying and working public roads, &c., approved July 29th, 1876, confers upon the commissioners’…

2Cases cited2 opinions

  1. Floyd v. TurnerTexas Supreme Court · 1859
  2. Duer v. Police CourtTexas Supreme Court · 1871

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