Noel v. State ex rel. Lufkin Industries, Inc.

KEITH, Justice.

The defendants below appeal from a judgment entered in a quo warranto proceeding which declared that the Town of Homer, in Angelina County, was not legally incorporated and that the individual defendants were not legal officers of said town.

This suit was brought by the State of Texas, acting through the District Attorney of Angelina County, on relation of Lufkin Industries, Inc. [hereinafter “Lufkin”], challenging the legality of thé"'order incorporating said town. The several contentions advanced by Lufkin were submitted to the jury;1 and, upon favorable answers thereto, the…