Deal v. Bonner

I concur in the result reached by the majority. I respectfully dissent to that portion of the majority opinion which holds the granting of the mandamus was proper. I believe the mayor of Hudson had a duty which involved some discretion. Article 1241(a), sec. 4, supra, provides that an election to abolish a corporate existence, shall be ordered as in the case of the incorporation of such city, except the mayor shall perform all acts performable in the case of incorporation by the county judge. See also, Franklin v. Wilson, 242 S.W.2d 820 (Tex.Civ.App.—Eastland 1951, mand. overr.). The question…