Texas & N. O. R. Co. v. Priddie, 1630-6663.
| Decision Date | 15 July 1936 |
| Docket Number | No. 1630-6663.,1630-6663. |
| Citation | 95 S.W.2d 1290 |
| Parties | TEXAS & N. O. R. CO. et al. v. PRIDDIE et al. |
| Court | Texas Supreme Court |
W. A. Priddie and others, owners of real property subject to taxation in the city of Beaumont, filed this suit in the district court of Jefferson county, against the city of Beaumont, the mayor and commissioners of said city, and the Texas & New Orleans Railroad Company, owning and operating a railroad system through said city. The relief sought was injunction restraining the city and railroad company from carrying out a contract, and supplement thereto, between them involving the relocation and elevation of the company's main tracks through the city, the construction of a new bridge, the construction of viaducts and underpasses at certain street crossings, the widening and opening of streets, the removal of the company's yards and terminal facilities and other things to be done in connection therewith, and restraining the city from issuing bonds in furtherance of the contract.
The trial court was of opinion that said contracts between the city and railroad company are ultra vires the city, contrary to the Constitution and laws of the state and the city's charter, and therefore perpetually enjoined the parties thereto from carrying the said contracts into effect. The judgment canceled said contracts and perpetually enjoined the city, its officers and agents, from issuing or selling the bonds of the city contemplated by said contracts. This judgment was affirmed by the Court of Civil Appeals. City of Beaumont v. Priddie, 65 S.W.(2d) 434. The case is before us on writ of error jointly applied for by the city of Beaumont, its...
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