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MALLOW v. STATE

No. 16475.

374 S.W.2d 732 (1964)

Lynn MALLOW et al., Appellants, v. The STATE of Texas ex rel. CITY OF DENTON, Texas, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied January 31, 1964.

Attorney(s) appearing for the Case

Shirley W. Peters, Denton, for appellants.

John Lawhon, County Atty., of Denton County, and Lee E. Holt, Denton, for appellee.

MASSEY, Chief Justice.

In the case of Ewing v. State ex rel. Pollard, 1891, 81 Tex. 172, 16 S.W. 872, was decided the law of Texas that where a suit in the nature of Quo Warranto is brought on the theory that a purported municipal corporation is truly nonexistent because it had never been legally incorporated, and that the individuals assuming to compose the governing body should for that reason be ousted from their "pretended" capacities as officers thereof...

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