Roy A. Scott v. Marshall P. Graham

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that Nueces County is a necessary and indispensable party to the suit seeking to enjoin payment of the assistant district attorney's salary and that the trial court's denial of a temporary injunction was not an abuse of discretion because the county was not joined. The Court also found the Commissioners Court order exceeded statutory limits and was void. Justice Culver, dissenting, argued the statutory provision did not prohibit the payment.