Guadalupe County v. Wilson County

Citations

• 58 Tex. 228
• 1882 Tex. LEXIS 238

Syllabus

<p>1. County boundary—Jurisdiction.—A suit by one county against another to establish the true boundary line between them, and to enjoin from the exercise of jurisdiction, cannot be maintained. The issue in such a cause presents a political question, and not one for judicial inquiry.</p> <p>2. Same.—The statutes in force having defined the boundaries of the counties, the statutory mode of ascertaining the locality of the dividing lines on the ground must be pursued.</p> <p>3. Same.— An unconstitutional act creating a new county from an old one can interpose no obstacle to the exercise of jurisdiction by the mother county over the territory embraced in the new county, but an action cannot be maintained by the old county for the sole purpose of having the act pronounced unconstitutional.</p> <p>4. Same.—But a citizen injuriously affected by the effort to enforce an unconstitutional act creating a new county, may, in the protection of such interest, invoke the jurisdiction of the courts.</p>