Legal Opinion

Trinity County v. Polk County

Texas Supreme Court

Decided January 19, 1883No. Case No. 904PublishedCited by 8 opinions

Appeal from Polk. Tried below before the Hon. H. 0. Pedigo. This suit was brought by Trinity county against Polk county March 31, 1877, to recover $620, claimed to be the pro rata portion of the existing indebtedness of Trinity county, owing by the citizens of a certain territory taken from Trinity and attached to Polk county; and in the alternative to recover the said territory, and all the taxes that had been collected from the same by Polk county.

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Appeal from Polk. Tried below before the Hon. H. 0. Pedigo. This suit was brought by Trinity county against Polk county March 31, 1877, to recover $620, claimed to be the pro rata portion of the existing indebtedness of Trinity county, owing by the citizens of a certain territory taken from Trinity and attached to Polk county; and in the alternative to recover the said territory, and all the taxes that had been collected from the same by Polk county. The act of the legislature attaching the territory to Polk county is as follows: “ An act attaching a portion of Trinity county to Polk county..…

1Opinion of the Court

Watts, J. Com. App.

At the time of the passage of the act which gave rise to this controversy, neither Trinity nor Polk county could interpose any obstacle to the legislation. Hor could the latter refuse to accept the territory thereby attached, and assume municipal control over the same. The whole matter rested entirely with the law-making power of the state, which, for the purposes of . government, could at will apportion the territory of the state into such political divisions as it willed, subject to the then constitutional limitations upon that power, and require of the people of such…

2Cases cited1 opinion

  1. Bass v. FontleroyTexas Supreme Court · 1854

3Cited by8 opinions

  1. State v. Pioneer Oil & Refining Co.Texas Commission of Appeals · 1927
  2. State v. Louisville & Nashville RailroadIndiana Supreme Court · 1911
  3. Jones County v. MooreCourt of Appeals of Texas · 1928
  4. Angelina County v. BondCourt of Appeals of Texas · 1929
  5. Hargrave v. Texas & P. Ry. Co.Texas Commission of Appeals · 1929

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