Harrell v. City of Denton

SPEER, Justice.

This appeal is from a judgment of the county court of Denton county sustaining a plea in abatement to its jurisdiction in a condemnation proceeding. The cause was set for submission in this court on March 4, 1938, and on February 23, 1938, appel-lee filed a motion to dismiss the appeal, alleging, as grounds therefor: (a) That appellants had filed no briefs in the case; and (b) the award of the commissioners in condemnation had been paid to and accepted by appellants, and the matters in issue were now moot.

This court heard oral argument by counsel for all parties on appellee’s…