Henn v. City of Amarillo

The Court of Civil Appeals reversed a judgment in condemnation rendered by the County Court at Law of Potter County upon the theory that such judgment was rendered out of term time and therefore void. City of Amarillo v. Henn, 297 S.W. 2d 732. While this action may be erroneous for additional reasons, we are of the opinion that basically it must be held that an order of the Commissioners Court of Potter County dated April 25, 1933 is not void but at most voidable only and hence not subject to collateral attack.

From a bill of exceptions brought forward by the City of Amarillo it appears that…