Phillips v. City of Odessa

FRASER, Justice.

This was a suit brought by B. P. Allen and others, attacking the validity of an annexation ordinance of the City of Odessa. The court upon hearing on the pleadings sustained defendant’s exception No. 1, which urged the dismissal of plaintiffs’ pleading because it was not brought as an action in quo warranto under the provisions of Article 6253, R.S., thereby dismissing plaintiffs’ pleadings. From this action of the trial court the plaintiffs have appealed.

Plaintiffs’ brief sets forth that they brought the suit under Art. 2524 — 1 R.S., Vernon’s Ann.Civ.St., the Declaratory…