Legal Opinion

Russell v. Cage

Texas Supreme Court

Decided June 11, 1886No. Case No. 5785PublishedCited by 7 opinions

Appeal from Hays. Tried below before the Hon. H. Teichmueller. This was a suit for injunction by W. H. Bussell and twenty-four other citizens and tax-payers of Blanco county, Texas, for themselves, and in behalf of all the other citizens and tax-payers of that county, against the commissionérs court of Blanco county, W. A. Blackwell, county treasurer, Phil.

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Appeal from Hays. Tried below before the Hon. H. Teichmueller. This was a suit for injunction by W. H. Bussell and twenty-four other citizens and tax-payers of Blanco county, Texas, for themselves, and in behalf of all the other citizens and tax-payers of that county, against the commissionérs court of Blanco county, W. A. Blackwell, county treasurer, Phil. P. Cage and C. P. Boon, to restrain the commissioners court from issuing and delivering to Cage and Boon twenty-seven thousand dollars in bonds, in payment for the construction of a courthouse to be built by Cage and Boon, and to restrain…

1Opinion of the Court

Robertson, Associate Justice.

The commissioners court could not delegate, to Mr. Buffini their authority to make a contract to construct a courthouse. They could very properly employ an architect to prepare plans and specifications and make a draft of a contract, and *432they could authorize him to make the contract itself, subject to the approval of the commissioners. The averments of the plaintiff’s petition of Buffini’s agency are very general and vague, and though their attention was called to this condition of their pleading by the exceptions, they elected not to amend, when the exceptions…

2Cited by7 opinions

  1. Nolan County v. StateTexas Supreme Court · 1891
  2. Polly v. HopkinsTexas Supreme Court · 1889
  3. Scott v. DoggettCourt of Appeals of Texas · 1949
  4. Francis v. Howard CountyU.S. Circuit Court for the District of Western Texas · 1892
  5. Untitled Texas Attorney General Opinion, Texas Attorney General Reports1939

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