Bourgeois v. Mills
Texas Supreme Court
Appeal from Dallas. Tried below before the Hon. Z. Hunt. December 15, 1876, appellants brought this suit in the district court against appellee as road overseer to restrain and enjoin him from opening up a public road through their inclosed land, in obedience to an order of the county commissioners’ court.
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Appeal from Dallas. Tried below before the Hon. Z. Hunt. December 15, 1876, appellants brought this suit in the district court against appellee as road overseer to restrain and enjoin him from opening up a public road through their inclosed land, in obedience to an order of the county commissioners’ court. They alleged that a commission of review had been appointed by the court to review a road and assess the damages; that they did review and locate a public road through the inclosed lands of appellants, and assessed no damages. This report was made to and adopted by the commissioners’ court,…
1Opinion of the Court
Watts, J. Com. App.
This is a suit in the district court to enjoin a road overseer from opening a public road through the inclosed lands of the appellants, in obedience to an order of the county commissioners’ court. The county commissioners’ court is provided for by the constitution, that is, it is a constitutional court, with such powers and jurisdiction over all county business as is conferred by the constitution or that might be conferred by law. The act to regulate the laying out, opening and classifying and working public roads, etc., approved July 29,1876, confers upon the…
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