Hidalgo County v. Johnstone

FUNDERBURK, Justice.

Mrs. Lillie M. Johnstone “joined pro fo.rma” by her husband, T. P. 'Johnstone, brought this suit against Hidalgo County and officials of said county in their capacity as such, seeking to enjoin the defendants from laying out, opening or establishing a county public road over and across a 16 acre tract of land owned by Mrs. John-stone. The defendants sought to justify the action of the Commissioners’ Court and of the County Judge and Commissioners on the ground that all preliminary steps necessary to authorize such action had been lawfully taken.

Plaintiffs’ pleadings, among…