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STATE v. CITY OF WAXAHACHIE

No. 3023.

248 S.W.2d 971 (1952)

STATE ex rel. MARTIN et al. v. CITY OF WAXAHACHIE.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied May 22, 1952.

Attorney(s) appearing for the Case

Clyde F. Winn, L. D. Johnston and Stewart Lumpkins, County Atty., Waxahachie, for appellants.

Warwick H. Jenkins, Waxahachie, for appellee.

HALE, Justice.

This proceeding was instituted in the name of the State of Texas at the instance of G. C. Martin and others on an information in the nature of a quo warranto. The action was brought against the City of Waxahachie to test the validity of an ordinance of annexation, it being alleged that such ordinance was invalid and void. Respondent filed its motion for a summary judgment in its favor in accordance with Rule 166-A, T.R.C.P. After due notice and a hearing...

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