~~espeadlxurss sad reoeipte of Kerr County, for the quarter beginning August let, 1962 and ending
October 31st, 1962, and the enure having been compared and examined by the Court and found Dor-
i teat, Oa mot ion duly made by Commissioner Stone and seconded by Commiaeloner Sohvethslm, said
report was unanimously approved by the Court and ordered filed for future referenoe and sub~eot
audit. o-o-o-o-o-o
. 9312 CLAIMS AND ACCOUNTS
On this the 14th day oP November, 1962 acme on to bs ooneidersd by the Court olaima and
~aocounte against Kerr County. Said olaima were approved for payment by the County Clerk and
Treasurer, out of General and Officers Salary Fund, to be shown in the MSnute• of Aaoounte
tlloved and made a part of this Order, on motion made by Commlaeionar Bartel and aeooa dad by
Coamiesloner Sohwethelm. Motion oarried.
o-o-o-o-o-o-o
COURT ADJOUNED at 10:15 A.M. oa November 14th, 1942
o-o-o-o-o-o-o
Tha Commiesionera~ Court Convened is SPECIAL TERM on the 26th day of November, 1962 nt
9600 o~alock A. M. pursuant to Order No. 9298 entered on the Myth day of November, 1962, with
Judge
Julius R. Neunhoffer and Commieaioners Sehvethelm, Aartel and Stone present. Tha Petition of
G. F, Hoffpaulr.st el tor~the opsaing of _a aeighbo rhood road in Precinct Ona of Kerr County,
across the lands of L. C. Getz and xlfe Lula Mae-Gate, pursuant to the terms oT Artlcls 611,
ernons Texas Clv it St etutee was called for hearing. The Petitioner G. F, Hotfpauir and hie
attorney Hon. A. P. Allison appeared as did Contestants L. C. 6atz and wife Lula Mae Gats, to-
gether with their attorney, Hoa. Robs rt I. W11 son. Contest ant^ announoed the lr appearanoe as
sing for the sole purpose to aonteat the establishment of the proposed road and not for the
urpoas oP showing damage^ in the event of the orsatioa of the proposed road, whereupon the hen
Sng prooee dad with this et ipulation being agreed to by the Court sad all parties. The Petition ~~,
f 6. F. Hoffpauir was then read, The Contest ante commenced to read the Sr written pleadings
ere to Pore filed, reading first that portion conatitut ing a plea is nbateme nt of the prooeeding
nd a plea as to the juria diotion oP the Court, After presentation of arguments Sn the two mat
_ ere, the following prooeedinge wore had by the Cour4:
o-o-o-o-o-o-o
9313 ORDER OVER-RULING PLEA IN AHgTEMENT AND PLEA AS TO THE JURISDICTION OF THE COURT
After hearing the wrlttsa pleadings and arguments thereon oP the Conteatanta herein the
rt took the same under advisement and upon motion by Judge Neunhoffer and ae condad by Com-
moner Bartel that the plea Sn abatement and the plea a• to the ~uriadiatioa of the Court be
the following vote was had:
Voting AYE oa the motion: Commleaionera Bartel and Stores. Voting NO on the mbtioa: Com-
Soner Schvethelm, whereupon the motion was declared to have carried by a maJor ity vote and
two plena in question xere declared to have been over-ruled Sa all matters.
The reupoa Contestants presented the remainder of their pleadings and a hearing of the
etltion on it~e merits vas ordered. Petitioner 6'. F. AofPpaulr was duly sworn as a witness
nd teat ified Sn behalf of his petition. IIpoa oonclvelon of Pet itlon testimony, Contestant
, C, bats was duly swore and teat ified against the granting of the Petition. Following the
worn teat imony of Conte at ant Lula Mae 6ats,oloeing arguments of counsel were heard, the parties
i
ithdrev end the Court recessed for lunch at 11:50 A. M.
o-o-o-o-o-o-o
The Court RECORVENED at 1:30 P,M, and after giving due coneiderat ion to the law end the