San Patricio County v. McClane
Texas Supreme Court
Appeal from Nueces. Tried below before the Hon. T. C. Barden. John McClane brought suit April 13,1872, in the District Court of Nueces county, against the county of Refugio, upon eighteen county warrants for one hundred dollars each, seven bearing date August 30, 1861, of which the following is a copy: “ No. 1. $100. Treasurer of San Patricio county will pay to Alexander Murphy, or order, the sum of one hundred dollars, ($100,) with 12 per cent, interest per annum from date…
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Appeal from Nueces. Tried below before the Hon. T. C. Barden. John McClane brought suit April 13,1872, in the District Court of Nueces county, against the county of Refugio, upon eighteen county warrants for one hundred dollars each, seven bearing date August 30, 1861, of which the following is a copy: “ No. 1. $100. Treasurer of San Patricio county will pay to Alexander Murphy, or order, the sum of one hundred dollars, ($100,) with 12 per cent, interest per annum from date until "paid, the same being on account of the contract for building the court house and jail in said county. “Witness my…
1Opinion of the Court
Ireland, Associate Justice.
The plea of privilege to be *396sued in San Patricio county does not appear to have been well taken. If the Governor, in fact, issued the proclamation attaching San Patricio to Nueces county for judicial purposes, the court could not inquire into the fact as to how the Governor obtained the information upon which he acted. The Constitution confers the power, and his action is con-elusive upon the courts. (Constitution, art. 12, sec. 24.)
The defendant plead many matters in defense, one of which was that the contract between Murphy, the original payee of the debt sued on,…
2Cited by22 opinions
- Lasater v. LopezTexas Supreme Court · 1919
- Lewis v. AlexanderTexas Supreme Court · 1879
- Keel v. PulteTexas Commission of Appeals · 1928
- Adams v. McGillCourt of Appeals of Texas · 1940
- San Patricio County v. McClaneTexas Supreme Court · 1883
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