Payton v. Travis County

This is the second appeal of this case. See Tex.Civ.App. 95 S.W.2d 474. On the first trial the court dismissed the cause on motion of the County on the ground that Payton had not, under Art. 6710, R.S. 1925, timely prosecuted his appeal from the award of damages made by the jury of view and approved by the Commissioners' Court; and that the County Court therefore had no jurisdiction. On the former appeal we held that this was error and reversed and remanded the cause for trial upon its merits.

On the second trial, from which this appeal is prosecuted, the County filed a plea in abatement…