Legal Opinion

City of Austin v. McCall

Texas Supreme Court

Decided June 9, 1902No. 1110PublishedCited by 80 opinions

Error to the Court of Civil Appeals for the Third District, in an appeal from Travis County. McCall sued the city of Austin and its mayor and city council to enjoin them from entering into a contemplated contract. The injunction was granted, was made perpetual on final hearing, and on appeal by defendants the judgment was affirmed, whereupon appellants' obtained writ of error.

1Opinion of the Court

BROWN, Associate Justice.

On the 13th day of April, 1882, the •city of Austin, a municipal corporation organized under special act of the Legislature of Texas, entered into a contract, by ordinance duly passed by the city council, with the Austin Water, Light and Power Company of the city of Austin, a corporation organized under the laws of the State of Texas, whereby the right and privilege were granted to the company to furnish water to the city of Austin for the period of twenty years, at the rate of $12,100 per annum. This contract was carried out by both parties for a number of years,…

2Cases cited3 opinions

  1. Morris & Cummings v. State ex rel. GussettTexas Supreme Court · 1884
  2. Crampton v. ZabriskieSupreme Court of the United States · 1879
  3. Otoe County v. BaldwinSupreme Court of the United States · 1884

3Cited by80 opinions

  1. Bland Independent School District v. BlueTexas Supreme Court · 2000
  2. Hendee v. Dewhurst, Texas Court of Appeals, 3rd District (Austin)2007
  3. Osborne v. KeithTexas Supreme Court · 1944
  4. Terrell v. MiddletonCourt of Appeals of Texas · 1916
  5. Hoffman v. DavisTexas Supreme Court · 1937

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