Ringling v. City of Hempstead
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Southern District of Texas. Action by Philip Ringling against the City of Hempstead. Judgment for defendant, and plaintiff brings error. This was an action commenced by the plaintiff in error in the Circuit Court of the United States for the Southern District of Texas against the defendant in error, a municipal corporation, to recover an amount alleged to be due on certain of its bonds and coupons.
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In Error to the Circuit Court of the United States for the Southern District of Texas. Action by Philip Ringling against the City of Hempstead. Judgment for defendant, and plaintiff brings error. This was an action commenced by the plaintiff in error in the Circuit Court of the United States for the Southern District of Texas against the defendant in error, a municipal corporation, to recover an amount alleged to be due on certain of its bonds and coupons. There was an appearance-in the court below of certain officers of the defendant, who filed an answer, setting up the disincorporation of…
1Opinion of the CourtGrubb, District Judge
(after stating the facts as above). The judgment of dismissal presents for decision but the single issue: Whether, prior to the bringing of the suit, the defendant corporation had been dissolved either by the recited proceedings of disincorporation or by nonuser of its corporate powers for a period of 10 years.
[1] 1. It is well settled that a municipal corporation can only be dissolved by legislative action. 1 Dillon on Municipal Corporations (5th Ed.) § 332; State v. Dunson, 71 Tex. 65, 9 S. W. 103; Largen v. State, 76 Tex. 323, 13 S. W. 161; Harness v. State, 76 Tex. 566, 13 S. W. 535; Ex…
2Cases cited15 opinions
- Norton v. Shelby CountySupreme Court of the United States · 1886
- Mount Pleasant v. BeckwithSupreme Court of the United States · 1880
- Shapleigh v. San AngeloSupreme Court of the United States · 1897
- Morris & Cummings v. State ex rel. GussettTexas Supreme Court · 1884
- Largen v. State, ex rel. AbreyTexas Supreme Court · 1890
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Young v. City of ColoradoCourt of Appeals of Texas · 1915
- State v. CaulkSuperior Court of Delaware · 1927
- Opinion No., Texas Attorney General Reports2008
- Opinion No., Texas Attorney General Reports2006
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports2006
3 more not listed; retrieve them via the Exa API.