Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-01-21
THE HIGH C0uRfs'
synopsis Of Op reconsideration ie'"'
1884.

Great Northern railroad, hPimu" 49,
Xy,bb county, The petition niluSvu ~
ettsct that the plalnllIi laplN','n'
leased from the city uf Laredo oe'."n
of ferries aud lahnr' tnu
iished and controlled by the salu wv
mndrr NJ, charter rights, aud thht lnu
defendant, app llee, entered ulo, am"
ousled the piaintiii lherefroh'' hh""g
the MANY sueoiai demUrrelri ~ !"
which went 10 the qn'siiol W w
mower of the city Of Laredo 70 man
,he contract and confer the rights anu
franchises olaiwei by ihrplalniin' wac
the following (pclng tue tn,I"l Wi
was sustained; "lieca'ise 'io "'tsV"
contract between tue ci'y W i'ai."u
an attempt npon the part OF sa'u w
and plaiuiiii Ia create ihouoI'nf W
favor III plaintiff, aud therefore '"
A copy of the contract between 'hooi'S
of Laredo aud the plaintil' was ~
tached 10 the petition ana reief'eu w
therein as an exhibit THIS paperupon
nn,tion of appellee, was ietaoheu i'h',
the ueiition upou the grhihu lhat
under rule 10 ii could mol property 1T
made an exhibit. The two rulinBs
of the court are the errors ihe'a'eu
upon, Held, iirst, thai II me paper
made all exhibit evidences u"htr"uN
which constitutes the paintli' cause
of aciinn ia whole Orin part, iheh u
VIVA ptoper 10 make Il IN oNhlOit rot
withsiaIding IL may be0ollb i,tNts'
eary aud proper purl of the evidence
of the cuti,e, In such case, however
The petitiDn should coataln urotsss ,ry
averments to that tnd. SECOND, the
r,tv of Laredo owning tho lands, =
rier and franchises and ny It's tilhfter
was authorized and empowered 10 es'
tahllsh ferries aciosa the itlo tfhildt,
and To liz the rates, Ices anu rents, ana
che contract 81 expressly ftuerVihg tlle
poWer Ia the city Ia exercise suprfNln
ION over this o,ierallln, etG'i oi the i"f-
ries, through It's ordinances, was au-
th0rizud Ia contract viii all Individual,
and slrh cont ra,lt was legal. An ea-
sential element 10 constitute II monop-
oily Is AN ekclui VS. right or privilege
ia a given enterprise conferred upon
am individual 0r association, which
il rot alleged la this ease. The court
erred Ia ovefrullng the demurrer, TX .
vhlaed and reniduded Stayt0n, Jus ice
W. Il Pace vs. a. Il MCLnne, Ap-
neal from Webb equity. This caho
was triud without u lufN, ANA the rec,
ard Cunl aims nn statement OF the hni-
ings at tue judge at law and hct. la
this Il ,Ie uf lac record the latter six uf
the seven assignments Of error call Ia
question he cor, uluess OI the liuiinRs
Of the cuurt upOn facts Ia reirrrnr" To
which The evidence WAR conflicting
I.I A al 4.
know what facts the court did mad To
he true, nor what lac found IA pure
propositions law upon the several
cuntrGyrTtrd questions Of TACT, The
Judgment ~ a general nhe Ia ihVor al
appellee upon hlr plea IA re-cOuNrn-
ton, aud as The remaining assignment
IL that the Judgment Was contrary Ia
law AMI "ynenre,' he court Gan Look
only 10 the pe dfugs On Suggestion ol
delay, Ana, nlthuugh tho jddgmrn
appears Va 5us, ihis curt cdnn II, IN
view of the condition Of the REGARD, al.
tempt IA say that IL was
NOT sustained by the ev-
ihencv. Affirmed Sayton, Justice,
fiupfumu i.0iigr Prteulinn knights
and Ladies' Ut Honog We, Grace ct uls.
Appeal rom Fayette, la order 10 os-
tab lll, IL contract, it must be shown
W satisfactory ana sufficient prof
thai the minds of the contracting par.
tic intl, hnh ailetd upon the subject
matter 81 The contract. The evidence
herein Fails 10 s'iuS q mutual agree,
ment ANA understanding between llr
ar les, so as IA make II binding unun
both under the ruirs aud regulations
by which the Relations of the decreased
nnd the appellant were governed and
though II may he initrred that TRACE
waI iguuraHl that his name was nnI
among the charter memhers of the as.
suuiatli ~, ANA that hls application for
rel ief lund certificate had br.n re-
used, the 'Yideucr does OF ca Hblisn
the contract. On the contrary. II In
clearly lnsuiliricnt, aud hence the
Judgment h not only reversed,
but rendered with costs. Re-
yersed and rendered. Wrst. Justice.
l,"iis Vase vs Mary o. Mulley, al.
minis ratlS, From Cameron county,
In substance, liis WAS suit hTouuht
ny WISE In HE prob de clurl 10 rrruVar
a draIt Which had Issued 10 T.. O'Mai-
ley, the deceleul, ns custom house
officer far August, 1852 The draft
WAS by absolute sale ~ appellant b,
The decedenl PRIOR 10 tho rendition uf
inc horVir1 I1r which IL was issued iu
payment. by AN INSTRUMENT of writ,ul,
Z pom tho death ot q Mnlley IL was de,
ilN1reu tn hhprlire, rs administrators.
me jurisdiction Of the prubape court
WIS inYplien uuder Article 2il9B nev.
Niatut y respecting Specific perform
ahOe h eAhhltbry contracts Held,
tial TIE Writing made the basis of au,
pfllants aHllpD was,n0t eArouiory IN
charAnter ani opnlenpia eel no further
ACT ullh the part ~ q MalIry Ia NV.
complete evidence VI tie 10 Wise.
Tue probate niult has no general il,is.
diftlon nNnept Ia the mode preseyibpd
by statute, ip establish claims nu.iIst
hh "s'alel ah' Whsp clam Is IesIstui
W ule tep''st n'aiife Ut The estate, III
hiust pe 'hHiced IN some court 'DiI
competent lnrlsili'iioni aud conflict
ing slallhs htsteh AN estate
nnu SUMS other poisDns tn
sneelIa properly must me-
aNln'ilealsd ~ splue other inan The
prHba' c court, The reu0ri fails 10 dis,
close .hniigi, u enable This c1urt ~,
sny Wbpiilor of nit u former lrial of
.his ESQ Ia The JUSTICES court and
ahe,',e Appealed z, the county c0url
hil1 decided f1r the appellee, eonsii-
tlt.d bar 10 further uros, oiItinn in
lnis' the probate couri prop, nv de.
'iusu the case nn demurrer n.,,iilsi an.
ptiiani pD drnu1er, since Ia mad M
jurisdiction. II Is further uniulnnrt
AM why The ilslIiat court on u,n'.sl
aeNideh ~ i'yor NJ uppell6e, sIlins nj
apuii frgnlie ~ jurisdiction from the
PROBATE raiiit 0D appeal That indv.
mspt must DO considered a. a dlsmis.
~ .,a ~ " Alpeil ram the probate
''qn; Ams,liel s'ay.pp, jusiica,
psMs, ',o"N, " AZ W w A, laylor.
rom hamilton nauuty, An eAeel,,
ll9,l sale If laud of a dse,.s.,d
asp.of may he treated nv
aosnu.nly Void BY III. uxeent"r
~ ahai.lisiAlpr VI the dsesss.I
VI" Y rh,fseh by ilo praLs,e law.