Legal Opinion

City of Palestine v. Barnes

Texas Supreme Court

Decided July 1, 1878PublishedCited by 7 opinions

Appeal from Anderson. Tried below before the Hon. K. S. Walker. The city of Palestine, by its mayor and city council, contracted with the Palestine Market-house Association on September 2, 1875, whereby, under a city ordinance, it was stipulated that the association should for twenty-one years be exempt from city tax, should have the right to assess and collect market rents, and should have exclusive market privileges in the city; and in consideration, that the association…

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Appeal from Anderson. Tried below before the Hon. K. S. Walker. The city of Palestine, by its mayor and city council, contracted with the Palestine Market-house Association on September 2, 1875, whereby, under a city ordinance, it was stipulated that the association should for twenty-one years be exempt from city tax, should have the right to assess and collect market rents, and should have exclusive market privileges in the city; and in consideration, that the association should purchase a specified town lot and erect thereon a market-house on a given plan and furnish one room therein to the…

1Opinion of the Court

Moore, Chief Justice.

The “market ordinance” passed by the city council August, 1875; the agreement between appellant and the Palestine Market - house Association dated September 2, 1878; and the deed from Mrs. S. A. E. Fowler to the market-house association, for the lot of ground sued for, dated September 28,1875, show upon their face that they are the several parts of a contract between the city of Palestine and the Palestine Market-house Association, and they must be so treated and considered, in order to enable us to properly understand them and determine the real import and object of the…

2Cases cited2 opinions

  1. Gue v. Tide Water Canal Co.Supreme Court of the United States · 1861
  2. James v. Pontiac & Groveland Plank Road Co.Michigan Supreme Court · 1860

3Cited by7 opinions

  1. Coit v. City of Grand RapidsMichigan Supreme Court · 1898
  2. Newson v. City of GalvestonTexas Supreme Court · 1890
  3. Altgelt v. GerbicCourt of Appeals of Texas · 1912
  4. Overton Bridge Co. v. MeansNebraska Supreme Court · 1892
  5. State v. . PerrySupreme Court of North Carolina · 1909

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