City of East Dallas v. State ex rel. Putz

Gaines, Associate Justice.—

This is a proceeding in the nature of a quo warranto, instituted in the name of the State of Texas upon the relation of Joseph Putz, to determine the question of the validity of an election by which it was sought to enlarge the limits of the city of East Dallas. The District Court upon a final hearing held the territory sought to be annexed not a part of the city, and the respondents appealed.

We will dispose of the questions necessary to determine the appeal without reference to the order of the assignments of error.

It is insisted that the District Court had no…