Home/Court of Appeals of Texas/Ferguson v. Johnson

Ferguson v. Johnson

57 S.W.2d 372
CourtCourt of Appeals of Texas
DecidedFebruary 2, 1933
DocketNo. 7938.
StatusPublished
Cited by23 cases

This text of 57 S.W.2d 372 (Ferguson v. Johnson) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ferguson v. Johnson, 57 S.W.2d 372 (Tex. Ct. App. 1933).

Opinions

McCLENDON, Chief Justice.

Appeal from a final judgment, upon a directed verdict, denying appellants an injunction restraining appellee members and chief engineer of the state highway commission from making further road construction contracts, and appellee state comptroller from issuing warrants in payment thereof. The case was lately before us upon appeal from a temporary injunction. 55 S.W.(2d) 153.

The puestions presented in the present appeal arise upon the following points urged by appellants:

1. Chapter 13, Gen. L., 3d Called Sess., 42d Leg. (H. B. No. 2, p. 15), repealed that portion of the appropriation providing for future road construction by the commission. Chapter 286, Gen. Laws, Reg. Sess. 42d Leg. This was one of the two controlling propositions urged and had our mature consideration upon the former appeal. No grounds additional to those then advanced are now presented, [374]*374and further elaboration of our views in overruling the contention would servé no practical end.

2. Under the enabling statutes, the commission’s power to contract for highway construction is limited to the amount of funds actually deposited in the treasury to the credit of the highway fund, and cannot be extended to anticipated revenues coming into that fund during the fiscal year from gasoline tax or any other source.

3. Federal aid appropriations, being mere gratuities on the part of the national government, c-annot be included in estimating “funds available” for highway construction until actually deposited in the state treasury.

4. In any event, it was a jury question whether the commission had adopted a reasonable basis of estimating the amount coming into the treasury to the credit of the highway fund during the remainder of the fiscal year ending August 31,1933.

Based upon records of the highway, comptroller’s, and treasury departments, and estimates of probable revenues and expenditures, the resources and liabilities of the highway department for the fiscal year ending August 31, 1933, were on October 31, 1932, as follows (the several items are actual or estimated as indicated in the statement):

Statement of Estimated Resources and Expenditures of the State Highway Fund
For the Period from November 1, 1932, to August 31, 1933, Including Only Highway Construction Contracts Outstanding At October 31, 1932.

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57 S.W.2d 372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferguson-v-johnson-texapp-1933.