TODD v. HELTON

No. B-3489.

495 S.W.2d 213 (1973)

Tom TODD, County Judge, Petitioner, v. J. W. HELTON et ux., Respondents.

Supreme Court of Texas.

April 4, 1973.


Attorney(s) appearing for the Case

Coleman, Whitten & Philips, Michael J. Whitten, Denton, for petitioner.

McDonald, Sanders, Ginsburg, Phillips, Maddox & Mewkirk, Atwood McDonald, Fort Worth, L. A. Nelson, Denton, Llewellyn & Kerr, Ben J. Kerr, III, Dallas, for respondents.


REAVLEY, Justice.

When the county judge orders an election to be held upon the question of the incorporation of a town, and if he does so by determining the requisite number of inhabitants therein on his assumption of verity of the affidavits submitted by the applicants, may he effectively revoke that order upon discovering the affidavits to have been false? The trial court has ruled that the county judge retains his fact finding power after he enters his order and...

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