Legal Opinion

Ewing v. Duncan

Texas Supreme Court

Decided May 29, 1891No. 7637PublishedCited by 47 opinions

This is a suit for a writ of injunction to restrain the defendants from making an alleged illegal expenditure of public money in the erection of public buildings at Floyd City, for county purposes, upon the ground that said place had not been legally selected as the county seat of Floyd County at an election held for that and other purposes; and for a'writ of mandamus to compel the newly elected county judge in said county to order an election for a county seat in said…

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This is a suit for a writ of injunction to restrain the defendants from making an alleged illegal expenditure of public money in the erection of public buildings at Floyd City, for county purposes, upon the ground that said place had not been legally selected as the county seat of Floyd County at an election held for that and other purposes; and for a'writ of mandamus to compel the newly elected county judge in said county to order an election for a county seat in said county. The plaintiffs’ petition was presented to the judge of said district in vacation and he declined to grant the writs…

1Opinion of the Court

GAINES, Associate Justice.

This suit was brought by the appellants to restrain the Commissioners Cou.rt of Floyd County from making an expenditure of the county funds in the erection of public buildings for the use of the county at Floyd City, and to compel the county judge to order an election for the selection of a county seat. The judge refused to grant a preliminary injunction, and upon the hearing a demurrer to the petition was sustained and the suit dismissed.

It was alleged in the petition that on the 28th day of May, 1890, a pretended election was held for the organization of Floyd…

2Cases cited7 opinions

  1. Town of South Ottawa v. PerkinsSupreme Court of the United States · 1877
  2. Brown v. ReeseTexas Supreme Court · 1887
  3. Brown v. RuseTexas Supreme Court · 1888
  4. Lucas v. OliverSupreme Court of Alabama · 1859
  5. Cameron v. AbbottSupreme Court of Alabama · 1857

2 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. Dean v. State Ex Rel. BaileyTexas Supreme Court · 1895
  2. Steddum v. Kirby Lumber Co.Texas Supreme Court · 1920
  3. Coffee v. LiebCourt of Appeals of Texas · 1937
  4. El Paso Southwestern Ry. Co. v. W.D. FothTexas Supreme Court · 1907
  5. Chapman v. StateCourt of Criminal Appeals of Texas · 1897

42 more not listed; retrieve them via the Exa API.

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