Legal Opinion

Duer v. Police Court

Texas Supreme Court

Decided July 1, 1871PublishedCited by 5 opinions

Appeal from Austin. Tried below before the Hon. L. Lindsay. Duer alleged that the damages occasioned to his plantation by the proposed road would amount to $2000, whereas only $120 had been awarded. As usual in such controversies, there were allegations of intermeddling and of improper influences; but the damages seemed to be the real grievance.

1Opinion of the CourtWalker, J.

This is a case which arose under the Constitution of 1866. This Constitution provided that the district court should have appellate jurisdiction in cases originating in inferior courts. The police court was an inferior court, and the district court doubtless had appellaté jurisdiction of causes originating in that court.

But the proceedings in this case were under the statute providing the mode and manner in which public highways are to be laid out and located.

The law-does not provide an appeal to the district court from the proceedings of the police court, in matters of this Mind.

*284The law…

2Cited by5 opinions

  1. Ex Parte TowlesTexas Supreme Court · 1877
  2. Mobil Oil Corp. v. Matagorda County Drainage District No. 3Texas Supreme Court · 1980
  3. Bourgeois v. MillsTexas Supreme Court · 1883
  4. Dunlap v. HardinCourt of Appeals of Texas · 1920
  5. Bourgeois v. MillsTexas Supreme Court · 1883

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