Dallas Joint Stock Land Bank of Dallas v. Willacy County Water Control & Improvement Dist. No. 1

162 S.W.2d 149, 1942 Tex. App. LEXIS 284

• Court: Court of Appeals of Texas
• Decided: April 29, 1942
• Docket: No. 11164.
• Status: Published

Opinion

NORVELL, Justice.

Article 7880 — 109, Vernon’s Ann. Civ.Stats., in part provides that: “Suits for delinquent water assessments may be brought either in the county in which the irrigation district is situated or in the county in which the defendant resides.”

Appellant asserts that because of the provisions of Article 3, § 35, of the Texas Constitution, Vernon’s Ann. St., the provision above quoted is inoperative.

We overrule this contention. Hidalgo and Cameron Counties Water Control and Improvement District No. 9 v. American Rio Grande Land & Irrigation 'Co., 5 Cir., 103 F.2d 509.

As the main office and principal place of business of appellee district is now and was at the time of the filing of this suit located in Hidalgo County, Texas, appel-lee’s suit for collection of flat rate water assessments, made in conformity with the provisions of Article 7880 — 109, may be maintained in said county.

The trial court properly overruled appellant’s plea of privilege and its judgment is affirmed.