City of Paris v. Mason

Citations

• 37 Tex. 447

Syllabus

<p>1. The Legislature, in the exercise of the right of eminent domain, may authorize the appropriation of private property to public uses or servitudes ; but the appropriation cannot be made without fair compensation in money being first made to the owner. Benefits expected to result to the owner from the public use, cannot be offset against the compensation to which he is entitled.</p> <p>2. The ruling in De Forest v. Miller (ante, 389) approved,—to the effect that the Act of November 1, 1871, authorizing appeals from interlocutory judgments, is nugatory and void.</p>