Coleman-Fulton Pasture Co. v. Aransas County
Coleman-Fulton Pasture Co. v. Aransas County
Opinion of the Court
This is an appeal from an order dissolving a temporary injunction, which had been granted to restrain appellees from diverting certain money derived from the sale of $25,000 worth of bonds, voted by the people of Aransas county for the purpose of constructing, maintaining, and operating macadamized, graveled, or paved roads, from that purpose to that of building bridges and building roads with shell or mud shell. A temporary restraining order was granted, but upon hearing the facts the order was dissolved.
“To lay or cover with stone, brick, or other material, so as to make a firm, level, or convenient surface for horses, carriages, or persons on foot, to travel on.”
The testimony shows that shell or mud shell will make a hard, smooth road, that is durable and lasting. The words “paved roads,” we think, are broad enough to include roads made of shell or mud shell. It cannot be supposed that the Constitution meant to confine the words to roads with solid toppings, as asphalt or concrete, because it is well known that such materials are never used in Texas in building public roads, but are used only in towns and cities. Macadamized and graveled roads are mentioned, and then, as comprehending all other roads, the word “paved” was used. We think appellees have the right and authority to expend the money arising from the bond issue in the construction and maintenance of roads built, as indicated in the testimony, of shell or mud shell. The evidence was positive that shell roads are “paved roads.”'
The judgment is reversed, and the cause remanded, with instructions to the trial court to issue a temporary injunction restraining appellees from using the funds arising from the bond issue in building bridges, but not as to the roads, as prayed for in the application of appellants.
(g^jFor other oases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
Reference
- Full Case Name
- COLEMAN-FULTON PASTURE CO. Et Al. v. ARANSAS COUNTY Et Al.
- Cited By
- 3 cases
- Status
- Published