STATE v. PERKINS

No. 3759.

360 S.W.2d 555 (1962)

The STATE of Texas, Appellant, v. Dallas G. PERKINS et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied October 12, 1962.


Attorney(s) appearing for the Case

Will Wilson, Atty. Gen., Austin, Eplen, Daniel, Hooper & Dickson, John W. Davidson, City Atty., Abilene, Senator Clint Small, Austin, for appellant.

Dan T. Sorrells, Abilene, Cofer & Cofer, Austin, for appellees.


GRISSOM, Chief Justice.

This suit was brought by the State of Texas, ex rel. J. C. McKee, Jr. et al., against Dallas G. Perkins, as mayor, and the other officials of Impact to test the validity of the incorporation of that city. Based upon the answers of a jury to special issues, the court rendered judgment against the State and it has appealed.

Appellant's first point is that the court erred in failing to render judgment for the State because the undisputed...

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