Opinion

Brown v. Jefferson County

  • 9 Tex. Sup. Ct. J. 539
  • 406 S.W.2d 185
  • 1966 Tex. LEXIS 273
Court
Texas Supreme Court
Filed
Jul 13, 1966
Status
Published
Author
Griffin
On the bench
Norvell, Griffin, Greenhill
Cited by
29 cases
Authority
More cited than 8.1%

finding that although a "hold harmless" provision created an indeterminate future liability, the county could agree to it if it levied the tax and established the sinking fund required by the Constitution

How later courts described this case

  • finding that although a "hold harmless" provision created an indeterminate future liability, the county could agree to it if it levied the tax and established the sinking fund required by the Constitution
  • “an indemnity agreement is a ‘debt’ within the constitutional sense, and. . . , as a corollary thereto, provision must be made for the payment of any interest that may accrue thereon and for the retirement of the obligation”
  • examining county contract in determining whether indemnity provision created an unconstitutional debt
  • examining county contract in determining whether indenmity provision created an unconstitutional debt

Written by the judges who cited it.

The opinion

DISSENTING OPINION

GRIFFIN, Justice.

I cannot agree with the majority opinion herein.

To my mind this case is controlled by the case of Texas & New Orleans R. R. Co. v. Galveston County, 141 Tex. 34 , 169 S.W.2d 713 (1943). The attempted distinctions between this case and the Galveston County case are neither logical nor valid.

I would hold the order in question illegal and void and violative of the Constitution as set out in the dissenting opinion in the Court of Civil Appeals.

GREENHILL, J., joins in this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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