Brennan v. City of Weatherford
Texas Supreme Court
Appeal from Parker. Tried below before the Hon. A. J. Hood. Suit was instituted August 19, 1879, and this, as finally tried, was by P. F. Brennan and sundry other citizens of the city of Weatherford, in the county of Parker, as plaintiffs, against that city, and H. N. Bradshaw as its assessor and collector of taxes. Judgment below was rendered, sustaining general and special demurrers to the petition, from which this appeal is taken.
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Appeal from Parker. Tried below before the Hon. A. J. Hood. Suit was instituted August 19, 1879, and this, as finally tried, was by P. F. Brennan and sundry other citizens of the city of Weatherford, in the county of Parker, as plaintiffs, against that city, and H. N. Bradshaw as its assessor and collector of taxes. Judgment below was rendered, sustaining general and special demurrers to the petition, from which this appeal is taken. The material allegations in the petition are: 1. That the legislature of the state of Texas, by special act approved January 2, 1858, incorporated the “ town of…
1Opinion of the Court
Bonner, Associate Justice.
The legal effect of the pleadings of plaintiffs was to raise, in a collateral proceeding, the question of the existence in law of the corporation of “ the city of Weatherford,” its existence in fact being admitted.
There are two questions presented by the record:
1. Could the plaintiffs in their individual names institute this proceeding, or should it have been by information in the nature of a quo warranto in the name of the state?
2. Was a corporate seal to the copy of the proceedings of the city council, adopting the general incorporation act, an essential…
2Cases cited6 opinions
- Bradley v. New-York & New-Haven Rail-RoadSupreme Court of Connecticut · 1851
- Kayser v. Trustees of BremenSupreme Court of Missouri · 1852
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- Hamilton v. President & TrusteesIllinois Supreme Court · 1860
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3Cited by40 opinions
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- Wharton County Drainage Dist. No. 1 v. HigbeeCourt of Appeals of Texas · 1912
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