E. F. Davidson v. State

Citations

• 16 Tex. Ct. App. 336
• 1884 Tex. Crim. App. LEXIS 114

Syllabus

<p>1. Establishment oe Public Roads.—«The mode and manner by which public roads are established is prescribed by statute. (Revised Statutes, . Articles 4859 to 4890, inclusive.) One of the prerequisites is that the jurors appointed to lay out the road shall, before proceeding to act as such, take the oath prescribed by statute. (Revised Statutes, Article 4386.)</p> <p>2. Same-—Condemnation oe Private Property to Public Use.—The rule is well established that, in order to condemn private property to public uses, the law authorizing and directing it must be strictly observed and pursued, and the performance of what the law requires is a condition precedent to the authority to condemn. A public road cannot be laid out and established without the requirements of the law in such cases having first been complied with.</p> <p>3. Same—Oath—Charge oe the Court.—Where proceedings are summary, and a court proposes to exercise extraordinary power, under a special statute prescribing its course, that course must be exactly observed. The statutory oath, which is a necessary prerequisite to the validity of the action of a jury in laying out a public road, 'was never taken by the jury in this ease. Wherefore see the statement of the case for a requested charge on the subject which the trial court erroneously refused to give.</p> <p>4. Same—Pact Case.—See evidence held insufficient to support a conviction for obstructing a public road.</p>