State ex rel. Goodnight v. Goowin

Citations

• 69 Tex. 55
• 5 S.W. 678
• 1887 Tex. LEXIS 773

Syllabus

<p>I. Right of Action — Corporation.—An inquiry may he made, by quo warranto, into the legality of a corporation, when the right of a person claiming to be an officer under the terms of its charter, to exercise such powers as the charter proposes to give, is called in question.</p> <p>3. Jurisdiction. — The findings of a county judge under the provisions of article 508, Revised Statutes, that the territory sought to be embraced within a contemplated municipal corporation has the population required by statute, is conclusive, since the law provides no means whereby his findings may be revised.</p> <p>8. Election — De Facto Officers. — When an election has been held for officers of a municipal government, at the time prescribed by the statute (Rev. Stats., 519, 345), at which, election the will of the voters has been fairly expressed, and which was preceded by every legal step necessary to a valid election, except that the election was ordered by de facto officers, exercising the powers of mayor and aldermen, such election must be deemed valid.</p> <p>4. Corporations. — The Legislature may make the question whether a eor_ poration has been created or not, depend on the action and determination of some official or tribunal whose determination the courts will have no power to revise, and if this be done, in a proceeding by quo warranto against persons who assume to exercise the powers given by the act of incorporation, no inquiry could be made into the legality of the corporation.</p>