Legal Opinion

State ex rel. Hoya v. Dunson

Texas Supreme Court

Decided June 12, 1888No. 6668PublishedCited by 30 opinions

Appeal from Nacogdoches. Tried below before the Hon. J. I. Perkins. This suit is an information in the nature of a quo warranto filed by Robert H. Morris, district attorney of the second judicial district on the relation of J. T. Hoya, by permission of the Hon. James I. Perkins, judge of said district, against H. F. Dunson, E. M, Brown, David Lee, George H. Davidson, Ben S. Wettermark, August Olfenbuttle and John S. Doughtie.

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Appeal from Nacogdoches. Tried below before the Hon. J. I. Perkins. This suit is an information in the nature of a quo warranto filed by Robert H. Morris, district attorney of the second judicial district on the relation of J. T. Hoya, by permission of the Hon. James I. Perkins, judge of said district, against H. F. Dunson, E. M, Brown, David Lee, George H. Davidson, Ben S. Wettermark, August Olfenbuttle and John S. Doughtie. The information charging in substance that the town of Nacogdoches was incorporated in 1837, various amendments thereafter, and that in 1859 said corporation was…

1Opinion of the Court

Stayton, Chief Justice.

This is a proceeding in quo warranto, against persons exercising the offices of mayor, aider-man and marshal, of the town of Nacogdoches.

The town of Nacogdoches, doubtless, had a corporate existence while the territory within this State was under the dominion of the governments of Spain and Mexico; and the petition alleges several acts of the Congress of the Republic and of the Legislature of this State incorporating or amending the charter of the town, but it shows that at various times the municipal organization was not kept up by the election and qualification of the…

2Cited by30 opinions

  1. State v. Port of TillamookOregon Supreme Court · 1912
  2. Kuhn v. City of YoakumTexas Commission of Appeals · 1928
  3. Town of Enterprise v. State ex rel. Attorney-GeneralSupreme Court of Florida · 1892
  4. Largen v. State, ex rel. AbreyTexas Supreme Court · 1890
  5. State v. LarkinCourt of Appeals of Texas · 1905

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