Harding v. Commissioners Court
Texas Supreme Court
Application for writ of error to the Court of Civil Appeals for the 'Third District, in an appeal from McLennan County. Harding sued to enjoin the Commissioners Court of McLennan County from declaring the result of an election under the local option law in a part of the county to have been in favor of prohibition. ‘Judgment went for defendants, from which plaintiff appealed, and on its ■affirmance he applied for a writ of error.
1Opinion of the Court
GAINES, Chief Justice.
We are of opinion that the writ of error Applied for in this case should be refused, but are not prepared to concur in the conclusion upon which the Court of Civil Appeals rest their decision.
That court decided the appeal upon the agreed facts upon which the -case was tried, from which it appears that the applicant “was legally carrying on” the business of a liquor dealer in the district in which the election was held. Harding v. Commissioners, 3 Texas Ct. Rep., 796. But the allegation in the petition is merely “that your petitioner is engaged in the sale of beer and…
2Cited by14 opinions
- W.D. Yett, Mayor v. CookTexas Supreme Court · 1926
- Gilmore v. WaplesTexas Supreme Court · 1916
- City of Dallas v. Dallas Consolidated Street Railway Co.Texas Supreme Court · 1912
- DaimlerChrysler Corp. v. Inman, Texas Court of Appeals, 13th District2003
- Texas Industrial Traffic League v. Railroad Commission of TexasCourt of Appeals of Texas · 1982
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