Legal Opinion

City of Austin v. Cahill

Texas Supreme Court

Decided June 22, 1905No. 1423PublishedCited by 88 opinions

Questions certified from the Court of Civil Appeals for the Third District, in an appeal from Travis County. The judges of the Supreme Court certified their disqualification on account of being resident taxpayers of the city of Austin, and thereupon the governor duly commissioned as the Supreme Court to hear and determine this case, the Hon. Presley K. Ewing, of Houston, Chief Justice, and Hon. S. C. Padelford, of Cleburne, and Hon. E. B. Minor, of San Antonio, associate…

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Questions certified from the Court of Civil Appeals for the Third District, in an appeal from Travis County. The judges of the Supreme Court certified their disqualification on account of being resident taxpayers of the city of Austin, and thereupon the governor duly commissioned as the Supreme Court to hear and determine this case, the Hon. Presley K. Ewing, of Houston, Chief Justice, and Hon. S. C. Padelford, of Cleburne, and Hon. E. B. Minor, of San Antonio, associate justices, and the case was heard and determined by them. The head notes of this decision were prepared by Chief Justice…

1Opinion of the Court

EWING, Chief Justice.

Questions certified from the Court of Civil Appeals for the Third District, in an appeal from Travis County.

This was a mandamus proceeding brought in the District Court by James Gr. Cahill to enforce payment by the city of Austin, through mandate against its proper officers, of alleged indebtedness, partly reduced to judgment, claimed to be due him for interest accrued on certain water and light bonds issued by the city. Judgment went in his favor, but it1 was reversed by the Court of Civil Appeals (12 Texas Ct. Rep., 285). The case, as it comes here on questions…

2Cases cited53 opinions

  1. Von Hoffman v. City of QuincySupreme Court of the United States · 1867
  2. United States v. New OrleansSupreme Court of the United States · 1879
  3. Kerrison v. StewartSupreme Court of the United States · 1876
  4. City of Austin v. NalleTexas Supreme Court · 1893
  5. Louisiana v. PilsburySupreme Court of the United States · 1882

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3Cited by88 opinions

  1. Terrazas v. RamirezTexas Supreme Court · 1991
  2. City of Aransas Pass v. KeelingTexas Supreme Court · 1923
  3. State of Texas v. BalliTexas Supreme Court · 1944
  4. Henry v. CoxTexas Supreme Court · 2017
  5. Glenn v. Dallas County Bois D'Arc Island Levee DistrictTexas Supreme Court · 1925

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