Whaley Farm Corp. v. Robison

(after stating the case as above).

We think appellant’s contention that the commissioners’ court could order a public road opened only after its power to do so had been invoked by a petition of at least eight freeholders of the precinct in which it was proposed to open the road, and could not on its motion (as it appears it attempted to in this case) open such a road, should be sustained. Therefore it will not be necessary in disposing of the appeal to discuss or even state the many other contentions presented in appellant’s brief; for if said court was without power on its own motion to open…