The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-05-31
THE COURTS.
SYNOPSIS OF OPINIONS RENDERED
Supreme Court.
IAUsTIN TERM 1888. |


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Supreme Court.
Burkett and Murphy plaintiffs in
error, VS.. Scarborough from Milan
county. Held : In this case, the ac-
ton of the board of land commission
ers of the county of Nacogdoches,
had ON the 29th day of March, 1883. in
deciding that Mariana Moro, ST., and
his wife were the heirs of Mariana,
right third of league certificate
must be held conclusive of their right
torthe certificate in question, whether
such determination was correct or
not. The previous decisions of this
court have been to the effect, that at
ter the very great lapse of time that
has TRANSFERRED since these early trans
actions took place, that the action OF
these special tribunals are no longer
open to inquiry in ordinary suits be-
tween individuals in which such
questions may arrive. Il. and M,
have the superior title, but judgment
is reversed to give defendant IN error
opportunity to show stronger title to
the land ii he can than he has yet
presented. In this view OF the case it
is not necessary to decide the inciden-
tai question us to the removal OF the
cord wood from the land. Reversed
and remanded West. A. j.
E. HeltZberg, appellant, VS.. III. q
7. c. railroad, from Navarro county.
Suit for damages for ejecting appel
hn OF 1o1
place and when he had exhibited a
ticket which gave him the right Of
passage on the cars. Damages laid at
1899. Judgment was in favor OF the
railroad company and Hertzberg ap-
pealed.
The suit was the result of an ex-
change of routes, tickets and seats be-
tween appellant and their drummer.
The ticket was an ''emigrant ticket,
reading, good for one emigrant con-
iinuous passage to Houston, etc.
The ticket had been punched before
the exchange was made. The con-
tluctor objected to it because appellant
was not the person who had COM
menced the journey upon the ticket.
lie had to pay his way on from Dial
las to Ennis under threat OF being
put off. No question as to railroad
regulations being presented, the only
one invoked is as to the naked legal
proposition as to appellee's right to
| refuse TO transport the appellant
upon a ticket, which, upon
| its face, entities the holder to seat
| Il the cars.
Ii Id, I he fact that the conductor
| had Punched the ticket ought not to
| control the question, as it was re-
| delivered 10 tue passenger and that
| the substitution of the one passenger
tor the other could work no injury to
| Appellee under the ticket which ap-
peliant held in good faith, and which
was then good for one pass from Dial.
las to Houston. Judgment reversed
and cause remanded. Opinion by
Judge Watts adopted.
Frank Armstrong VS.. Cora l.. Bean
defendant in error from Bosqut
county. The filing of what was
called an amended | etition by Corr
l.. Bean in suit fiIeu by A. I'll. BeaI
was an irregularity ard could have n,
other effect than an original petition
and had the defendant not answered
to her petition, which was filed witt
leave of the court, it is true that NJ
Judgment could have been rem
dered against him in the cause
without service upon him
The fact that plainfiff had not beer
cited to defend the action of Cora l.
Bean, gave no ground for exception
to her petition and if he did not de
sire to answer until he was cited h
was under no obligation to do 50, ane