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 taxpayer's suit to enjoin payment of alleged illegal compensation, that the trial court did not abuse its discretion in denying a temporary injunction absent the county, and that the Commissioners Court order is subject to direct attack and not res judicata. Justice Culver dissented, arguing the statute does not prohibit the payment.