'~eapsnflitvres and receipts of Kerr County, for the quarter beginning August let, 1962 sad ending
October 31st, 1962, and the same having been compared and ezamined by the Court and found oor-
root. On motion duly made by Commissioner Stone and aecondsd by Commieeloner Sohwethelm, said
report was uaanimoualy approved by the Court and ordered filed for 11:turs reference and subject
to audit. o-o-o-o-o-o
9312 CLAIMS AND ACCOUNTS
On this the 14th day of November, 1962 acme on to bs oonaide red by the Court olaima and
ants against Kerr Covnty. Said olaima were approved for payment by the County Clerk and
surer, out of General and Officers Salary Fund, to be shown Sa the Minutes of Accounts
wed and made a part of this Order, on motion made by Commissioner Bartel and aeoon dad by
leelonsr Schwethelm. Motion serried,
o-o-o-o-o-o-o
COURT ADJOUNED et 10:15 A.M. on November 14th, 1942
(~ ;~ o-o-o-o-o-o-o
'1~ The Commieaionera~ Court Convened in SPECIAL TERM on the 26th day of November, 1962 at
~. 9s00 o~clock A. M, pursuant to Order No. 9298 entered on the 11}th day oP November, 1962, with
Judge
Julius R. Neunhoffer and Commiaelo ner• Sohwethelm, Bartel and Stone yressnt. Tku Petition of
"G. F, HpPfpauir.et al Lortiu opa niag of _a aeighbonhood road in Precinct One oP Ksrr Covnty,
across the len de of L. C, Gata and wife Lula Mae-Gets, pursuant to the to rme of Article 6711,
arnone Texas Civil Statutes was called for hearing. The Petitioner 6. F, Aoflpauir and hie
attorney Aon. A. P. Allison appeared as did Contestants L. C, bats and xife Lula Mae Gnts, to-
gether with their attorney, Non. Robert I. Wil non. Conte at ant• announced their eppearanae ae
ing for the sole purpose to contest the eat abliahment of the proposed road end not for the
rpoas of showing damages 1n the event of the creation of Lhe propo aed road, whereupon the hsa
g proaeedad with this et ipulation being agreed to by the Court and ell parties. Ths Petition
6. F. Hoffpauir was then read, the Conte atants comma need to rand their written pleadings
re tofore filed, reading first that portion covet ituting a plea in abatement oP the proaee ding
d a plea as to the juriadiatioa of the Court, After preeentat ion of arguments in the two mat
_ ~~tera, the following proceedings ware had by the Court:
o-o-o-o-o-o-o
9313 ORDER OVER-RULING PLEA IN ABATEMENT AND PLEA AS TO THE JURISDICTION OF THE COURT
After hearing the written pleadings and arguments thereon of the Conteatanta herein the
rt took the same under advi eament end upon motion by Judge Neunhoffer and seconded by Com-
sloner Bartel that the plea Sn abatement and the plea ae to the juriedict ion of the Court be
the following vote was had:
Voting AYE on the motion: Commissioners Bartel and Stone. Voting NO on the mbtion: Com-
sionar Schxethelm, xhereupon the motion was declared to have carried by a majority vote and
two plans in question xere declared to have bean over-ruled is all matters.
Thereupon Conteatanta presented the remainder of their pleadings and a hearing of the
etitlon on its merits was ordered. Petitioner 6'. F, Aoffpaulr was duly sworn ae a wit nsea
nd testified is behalf of hie petition. Upon oonoluaioa of~Patitlon testimony, Contestant
. C. Gets xae duly sworn sad teat ified against the granting of the Petition. Following the
worn testimony of Contestant Lula Mas Gats,cloeing arguments of counsel were heard, the par
i
Sthdrex and the Court race seed for lunch at 11:50 A. M.
o-o-o-o-o-o-o
Tha Court RECONVENED at 1s 30 P.M. and after giving due conaldorat ion to the law and the