Morrill v. Smith County
Texas Supreme Court
Ebbob to the Court of Civil Appeals for the First District, in an appeal from Smith County. The suit.was commenced by Mrs. M. A. Morrill, in the District Court of Smith County, to recover from that county the amount of twenty-three coupon bonds issued by it on October 2, 1873, but under date of May 15, of that year, to the Houston and Great Northern Railroad Company, in pursuance of a vote of two-thirds of the qualified electors of the county and by authority of the Act of…
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Ebbob to the Court of Civil Appeals for the First District, in an appeal from Smith County. The suit.was commenced by Mrs. M. A. Morrill, in the District Court of Smith County, to recover from that county the amount of twenty-three coupon bonds issued by it on October 2, 1873, but under date of May 15, of that year, to the Houston and Great Northern Railroad Company, in pursuance of a vote of two-thirds of the qualified electors of the county and by authority of the Act of April 12,1871 (Gen. Laws, 12 Leg., p. 29), authorizing counties, cities and towns to aid in the construction •of works of…
1Opinion of the Court
GAINES, Chief Justice.
This suit was brought by the plaintiff in error to recover of Smith County upon certain bonds issued to the Houston and Great Northern Railroad Company.
The substantial defenses were:
1. That the bonds were issued without the levy of a sufficient tax to pay annually the interest and at least two per cent of the principal as required by the statute then in force.
2. That at the time the bonds were issued, the H. & G. N. R. R. Co. had been consolidated with the International Railroad Company and had ceased to have a corporate existence; and that the bonds were therefore void.
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2Cases cited14 opinions
- Citizens Bank v. City of TerrellTexas Supreme Court · 1890
- Giddings v. City of San AntonioTexas Supreme Court · 1877
- Harshman v. Bates CountySupreme Court of the United States · 1876
- Smith v. County of ClarkSupreme Court of Missouri · 1873
- Gulf, Colorado & Santa Fe Railway Co. v. CrawfordTexas Supreme Court · 1887
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Underwriters v. Kirby Lumber Co.Texas Commission of Appeals · 1924
- Smith v. PattonTexas Commission of Appeals · 1922
- International & G. N. Ry. Co. v. Anderson CountyCourt of Appeals of Texas · 1915
- Thornburgh v. City of TylerCourt of Appeals of Texas · 1897
- Casualty Reciprocal Exchange v. UnderwoodCourt of Appeals of Texas · 1930
4 more not listed; retrieve them via the Exa API.