Morris & Cummings v. State ex rel. Gussett

Citations

• 62 Tex. 728
• 1884 Tex. LEXIS 316

Syllabus

<p>1. Jurisdiction — Quo warranto.— An information in the nature of a quo warranto sought to oust the defendants of a franchise alleged to have been usurped by them. No specific value of the franchise was alleged, but it was stated in the information that §80,000 in tolls had been collected by defendants under the franchise within less than seven years before the institution of the suit, and that tolls were still being unlawfully collected. Held, that in view of the character of the proceeding, the petition contained sufficient allegations of the value of the amount in controversy to sustain the jurisdiction of the district court.</p> <p>2. Quo warranto — Action.— A proceeding by quo warranto maybe maintained against the enjoyment of a franchise claimed, whether under state legislation or municipal act, when there was absence of power to grant it.</p> <p>3. Same — County attorney.— A county attorney may institute proceedings by quo warranto in the name of the state to oust one from the exercise and enjoyment of a franchise not authorized by law. This case distinguished from State v. Paris R’y Co., 55 Tex., 76.</p> <p>4. Franchise—Ordinance—Tolls.—The city of Corpus Christi, under act of February 16, 1854, was given the right to construct a channel between the Bay of Aransas and the Bay of Corpus Christi; to pay for it with money in the city treasury, and to borrow money if necessary, giving bonds therefor; to levy tolls on vessels passing through the channel; to refund the money used, with interest, and to pay off the bonded debt accruing for the money borrowed to execute the work. Under that act, the city of Corpus Christi employed certain parties to do the work, and afterwards the state granted the employees sixteen sections of land per mile of channel to be constructed. After this the city, by consolidated ordinance, provided for issuing to the same employees §500,000 in city bonds for the completion of the work, with a provision that they should be permitted to