State ex rel. Clement v. Paris Railway Co.

Citations

• 55 Tex. 76
• 1881 Tex. LEXIS 84

Syllabus

<p>1. County attorney — Corporations — Action.—The power given county attorneys “ to represent the state in all cases in the district and inferior courts in their respective counties,” does not authorize a county attorney to institute suit in the name of the state on the relation of private parties, against a corporation, to enjoin it from exceeding its powers and thereby creating a public nuisance, except the suit be brought with the sanction and in the name of the attorney general.</p> <p>2. Parol evidence — Ambiguity — City ordinance.—When there is no ambiguity in the language of a city ordinance, parol evidence will not be heard as to representations made prior to its passage, or as to the actual intention or understanding of those by whom it was passed, there being no question of fraud or mistake involved.</p>