Guerra v. McClellan

I do not concur in the opinion of the majority. In this suit for a temporary injunction it is unimportant in the year 1952 whether obligations were created in 1951 in Starr County by the commissioners' court of the county in violation of the budget for that year, unless such obligations were created in violation of art. 11, § 7, of the Constitution of the State of Texas. There is nothing in the budget law, art. 689a-1 et seq., which provides that any obligation against a county which is not contained in its current budget is null and void and can never be paid, not even on a quantum meruit…