W. M. Carroll v. H. L. Williams, County Treasurer

Summary

The Texas Supreme Court held that the Commissioners Court lacked authority to transfer money from the general county fund to the road and bridge fund because Article 1440 of the Revised Statutes does not apply to constitutional funds and Article 8, Section 9 of the Texas Constitution prohibits such transfers and the expenditure of tax money for purposes other than those for which it was levied. Accordingly, the injunction restraining the county treasurer from paying the transferred funds was affirmed, and the Court of Civil Appeals was reversed in part. The Court also ruled that holders of outstanding warrants against the road and bridge fund were not necessary parties to the injunction.