Maher v. Lasater

Suit was by John F. Maher and others to set aside an order of the Commissioners Court of Brooks County declaring a private road across their land to be a public highway. The trial court granted the relief sought. The Court of Civil Appeals reversed the judgment of the trial court and rendered judgment that the plaintiffs take nothing. 348 S.W. 2d 671.

In declaring the road to be a public highway, the Commissioners Court acted under apparent authority conferred by Article 6711, Vernon’s Annotated Texas Civil Statutes. The pertinent provisions of the statute are set out at length in the opinion…