terminating at' the common corner of the Theo. D. Polemanakos 21 acre tract in said Survey,
0
and the Ernest Springer 87.03 acre tract in said Survey P84 varas S. 29 30' W. and 1030.5
varas N. 45 W. from the East corner of said Survey No. 666.
And whereas, the applicants thereof, gave at least twenty days notice by written advert-
isement of their Snteaded application by poa ting at the court house door in the City of Kerr-"
villa, and at two other pnbli¢ places in the vicinity of the route of such road, by a proper
return of such notice executed by the Sheriff, a copy of which was returned and flied herein.
Wherefore, the court having been presented with the answers of L. C. Getz ~oinad by his
wife, Iola Gatz contesting the establishment of said road as fully set out in their motion
to contest same filed as of even date herewith, and that in addition thereof, the attorney ~,
for said contestants filed a motion for abatement as fully set out in said petition filed as ~'~
o£ even date herewith. The court having heard Darrell Lochte, Attorney for petitioner and
Robert I. Wilson, attorney for contea tents herein, are aware of the foot that sai8 notices
could be in error and that the plea of abatement be considered at this time; therefore by
motion having bean duly made by Ecka Lein, seconded by Nolter, that the plea of abatement be
overruled and rejected, and after vote having been properly taken, the motion was opposed with
a tie and with the vote of the County Judge the plea of abatement 1s hereby ordered as sus-
tained.
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No. 5395. IN THE MATTERS OF PETITION OF CHAS. A. RODGEAS ET AL FOR ESTABLISRMENT OF SAD CLASS
ROAD IN COPAfISSIOPERS PRECINCT i/4.
THE STATE OF TERAS ~
THE CODNTY OF KERR ~ This the 17th day of December, A. D. 1951, came on to be presented
to the Commissioners Court, an application for a third class road executed by Charles R.
Rodgers, et al, said petitioners, consisting of at least eight freeholders out of said prec-
inct No. 4, which petition requests the Commissioners Court bo establish a 3rd class road with
its beginning and terminus described as follows, to-wit;
BEGINNING at a point is a now existing neighborhood road which runs along the common
boundary lines of the properties of J. F. Duke and J, E. Benders on at the point where such
road turns to the northwest in Survey No. 410, B. B. B. & G. Ry. Co; and terminating in the
N. E, line of the property of Charles R. Rodgers in Survey No. 1576, G. C. & 3. F. Ry. Co.
approximately 300 yards from the N. W, corner of the North 1/2 of said Survey No. 1576.
And whereas, the applicants thereof, gave at least twenty da>a notice bq written adver-
tisement of their intended application by posting at the court house door in the City of Kerr-
villa, and at two other public places in the vicinity of the route of such road, by a proper
return of such notice executed by the Sheriff, a copy of which was returned and filed herein.
Wherefore, the court having been presented with the answer of J. F. Duke and Bd Henderson,
contesting the establishment of said 3rd olass road as fully set out in their motion to con-
test same, filed as of even date herewith, and Exhibit A, presented by Robert I. Wilson,
Attorney for contestants, being a contract between H. J. Clark and Charles B. Rodgers and wife
vas presented and filed of even date herewith. Exhibit B being a sketch of the existing road-
~/~
i
1
way, creek and purported draft of the boundary line of the properties of J. F. Duke, Ed Render on
and Charles R. Rodgers, Satrodnoed in evidence by Darrell G. Lochte, and filed as of even date
herewith. The court having heard Darrell Lochte, Attorney for petitioners and Robert I, Wilso ,
Attorney for contestants herein of all their evidence presented to the court are aware of the
fact that Paragraph3l and 3 of another motion presented by Attorney Robert I. Wilean,
iag the contestants now request the court to dismiss this cause in accordance with avid para-
Tha Court bein¢ of the ooinion that
~P ~ 9 I acted on at this time,
Therefore by motion duly made by Henry Eckstein, that paragraphs 1 and 3 filed by Hobert
~~ I. Wilson, Attorney for contestants, be overraled, Lo Goff entering his second to the motiam
and the vote being called, such vote ran unanimously approved to overrule paragraphs 1 and 3
filed by the conteatants,which decree was duly oxeepted by the attorney for the oonteataate
heroin.
Wherefore contestant Attorney, Robert I. Wilson requesting tbat two of the petitioners
having saecnted the original petition herein, namely, Fred Heaver, sad E. H. Stone, be aum-
moned in psraon to appear before thin court, regnsat that hie motion for their appearenas be
granted. The oonrC being of the opinion each attorney should bs allowed to present all of
the evldsnos they ao desire, feel that auo6 request be granteds therefore by motion duly made
by Goff, seconded by Powell and nnanimoualy approved by the court, that the contestants, re-
presented bq thalr attorney, Robert I. Wllaon, be and they are hereby allowed to have all the
evidence they ao desire to M preasntsd to the court, and that thla cas• ba reeasaed until
Tuesday, December 18, 1951 at 1Os00 o'clock A. M. at which time the petitioners Fred Beaver
and E. H. Stone are to be avmmona to appear before this court, and for any other matters that
may be presented to the court Sn this cause.
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No. 5396. APPROVAL OF CLAIMS AND ACCODNTS.
This the 17th day of December, A. D. 1951, after motion having been duly made by Eckste
seconded by Coff and vnsnlmoualy approved by the court, that all claims and aooonnte filed
against Kerr County since the last meeting of Chia court be approved for pagmeat and ordered
paid out of the respective funds.
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No. 5397. SETTING OF MONDAY, DECEMBER 24, 1951 AB LEGAL HOLIDAY.
This the 17th day of De camber, A. D. 1951, cane on to be considered by the court, the
setting of Monday, December P4, 1951, sa a legal holiday sines Chriatmsa falls on Tuesday,
December 25, 1951, sfter motion having been duly mad• by Eckstein, seconded by Molter and
unanimously approved by the court, that the County officsa observe Monday, December 24, 1951
as a holiday.
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No. 5398. CODRT RECESSED MONDAY, DECEMBER 17TH, 1951 AT 5s00 O'CLOCK P. M. UATIL TDESDAY,
DECEMBER 18, 1~j51 AT 9s30 O'CLOCK A. M. FOA MATTEAS9 OF CADSE #5395, ARD AAY OTfD;R
MATTERS THAT MAY BE PRESENTED TO THE CODRT.
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No. 5399. CODAT RECONVENED TOESDAY, DECEMBER 18TH, 1951 AT 9:30 O'CLOCK A. M. FOR MATTER9
OF CAIISE A0. 539 AIPD ARY oTHERi MATTERS THAT MAY BE PRESENTED To THE CODRT.
Puranant to adjournment taken by this court an Monday, December 17th, 1951 at 5s00 o'c
P. M,, the following offlcors vsre prsasnt, to-vlt:
~'~ Honorable John R. Lsavell.......COnnty Judge
;~
';I Henry Eckatsia ..................Commiaaioner, Precinct j/1
~'I~ V. D. Powell ....................Commiasloaer, Precinct a/2
Chsa. H. Molter .................Co®iasi~er, Precinct sF3
Ls• Goff ........................Commiaeioaer, Precinct ~4
and
Lwrenoe Stephena ...............County Clerk
and the following proasadinge vere had, to-wits
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