Legal Opinion

Jodon v. City of Brenham

Texas Supreme Court

Decided October 30, 1882No. Case No. 1203PublishedCited by 9 opinions

Appeal from. Washington. Tried below before the Hon. E. B. Turner. The city of Brenham sued Jodon and wife June 22, 1876, to recover $100.90 claimed to be due .as taxes for the years 1874 and 1875, alleging that $100 of that amount was a lien on several lots owned by them, and sought a decree declaring a lien upon the lots for that amount; also alleging that a portion of the amount was levied for school purposes for the year 1875, by virtud of an amendment to the charter of…

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Appeal from. Washington. Tried below before the Hon. E. B. Turner. The city of Brenham sued Jodon and wife June 22, 1876, to recover $100.90 claimed to be due .as taxes for the years 1874 and 1875, alleging that $100 of that amount was a lien on several lots owned by them, and sought a decree declaring a lien upon the lots for that amount; also alleging that a portion of the amount was levied for school purposes for the year 1875, by virtud of an amendment to the charter of the city adopted September, 1875, and resolutions accepting the benefits of an act of the fourteenth legislature,…

1Opinion of the Court

Watts, J. Com. App.

There are two errors disclosed by the record that require the reversal of the judgment.

The act of 1874, by virtue of which the amendment to the charter of the city of Brenham was adopted September, 1875, contains the following provision, to wit:

“Sec. 4. That no amendment shall be proposed or submitted by *657any board of aldermen which shall contravene, or be repugnant to, the constitution or statute laws of this state.”

It is provided by section 6 of “ An act to authorize the cities of Texas to maintain public schools,” approved March 15, 1875, that “ Such additional amounts as…

2Cases cited2 opinions

  1. State v. BakerTexas Supreme Court · 1878
  2. Taylor v. StateTexas Supreme Court · 1874

3Cited by9 opinions

  1. Richey v. MoorTexas Supreme Court · 1923
  2. Chapman v. KelloggTexas Commission of Appeals · 1923
  3. Gifford v. CallawayColorado Court of Appeals · 1896
  4. Guerguin v. City of San AntonioCourt of Appeals of Texas · 1898
  5. Sparks v. State Ex Rel. Saltillo Independent School Dist.Court of Appeals of Texas · 1930

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