Schiller v. Duncan

Appellants, who are the owners of land in Austin county over which a public road is sought to be located, in a petition before and under consideration by the commissioners’ court of Austin county, brought this suit against appellees, the county judge and members of the commissioners’ court, to restrain further proceedings under the petition for the road.

The grounds upon which the injunction was ásked were the failure of the petition to allege a public necessity for a road in the location designated in the petition, the claim that in fact no such necessity existed, and the failure of the…