Legal Opinion

Sun Vapor Electric Light Co. v. Keenan

Texas Supreme Court

Decided April 25, 1895No. 284PublishedCited by 27 opinions

Questions Certified from Court of Civil Appeals for Second District, in an appeal from Baylor County. The statement and questions certified are here given: In this case the following facts are made to appear by the allegations of the plaintiff’s petition, to which an exception was sustained by the trial court: 1. In July, 1890, the city of Seymour was incorporated, observing all the forms of law.

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Questions Certified from Court of Civil Appeals for Second District, in an appeal from Baylor County. The statement and questions certified are here given: In this case the following facts are made to appear by the allegations of the plaintiff’s petition, to which an exception was sustained by the trial court: 1. In July, 1890, the city of Seymour was incorporated, observing all the forms of law. From that date it acted as a corporation, electing its officers, and was recognized as a municipal corporation by thé Comptroller’s department of the State, as also by the courts, district, county,…

1Opinion of the Court

GAINES, Chief Justice.

—1. We are of the opinion, that the Commissioners Court of a county can not be required to provide for the sale of the property of a supposed corporation, the charter of which has been declared void, and for the disposition of the same for the settlement of the debts due by it. The powers which the Commissioners Courts may be compelled to exercise are defined in the Constitution in the following language: “The county commissioners so chosen, with the county judge as presiding officer, shall compose the County Commissioners Court, which shall exercise such powers and…

2Cases cited2 opinions

  1. Brown v. WheelockCourt of Appeals of Texas · 1889
  2. Ewing v. Commissioners CourtTexas Supreme Court · 1892

3Cited by27 opinions

  1. Harris County Flood Control District v. MannTexas Supreme Court · 1940
  2. Wharton County Drainage Dist. No. 1 v. HigbeeCourt of Appeals of Texas · 1912
  3. Ex Parte Coombs, Alias ShirleyCourt of Criminal Appeals of Texas · 1898
  4. Young v. City of ColoradoCourt of Appeals of Texas · 1915
  5. McCombs v. Dallas CountyCourt of Appeals of Texas · 1940

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