The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-05-08
THE COURTS.
COMMISSIONERS OF APPEALS.

court yesterday in a number of cases
all of which are subject to the action
of the supreme court to be final.
w. A. Robertson VS.. A. G. Robber.
son, from Brown county. Affirmed
Opinion by Judge Delaney.
James Oliver ct al. VS.. G. W. Maho-
ney, from McLennan county. Affirm
ed. Delaney, judge.
John Bone VS.. j. d. Wright, guar
dian, from Falls county. Reversed
and remanded. Delaney, Judge.
b. l.. and Emma Aycock VS.. VIM.
H. Kimbrough ct al, from Falls
county. Reversed and remanded. De
laney, judge.
W. c. Daugherty VS.. L. B. Harris,
from Wilson county. Reversed and
remanded with directions. Opinion
by Judge Watts.
John r. Hearne VS.. Solomon S. Gil
lette, from Robertson county. Affirm
ed. Watts, judge.
Thos. +. Hudson, VS.. S. w. Wilkin-
son, from Brazos county. Reversed
and remanded. Watts. judge.
Lewis Tieman VS.. G. w. L. Baker.
from Guadalupe county; reversed and
r manded. Opinion by presiding
Judge Walker.
r. K. Chatham VS.. s. D. May, from
Coryell county Affirmed. Walker. j.
Henry Tiebout VS.. L, j. M1llican,
from Robertson county; reversed and
remanded. Walker, j.
State of Texas VS.. r. Wells ct al.
from Travis county: Affirmed. OpiE-
ion by Judge Watts. This was suit
against r. Wells and the sureties on
his official bond as tax collector of
VanZandt county, in which the court
below dedided that the sureties were
discharged, and that plaintiff could
only recover from the principal, Rich
ard Wells.
State of Texas vs.. R. Wells ct al,
from Travis county; reversed and
judgment rendered for the state
against r. Wells and his sureties for
$2,361 IL, with interest at 8 per cent.
per annum from December 2, 1882,
and costs. Watts, j.
The clerk of the supreme court has
furnished Mr.. Huddle, the artist, a
portrait of ex-Chief Justice Wheeler,
from which Mr.. Huddle will make a
life-size portrait of that distinguished
jurist.
DISTRICT COURT.
This court was engaged Yesterday
in the trial of M. V. Rock, charged
with the burglary of Mr.. Walkers
store.
COUNTY COURT.
State VS.. Dock Tobin, colored. Fined
$40 each in two cases for gambling.
Chip. Burlage, w. III. Rowland, and
Bill Parker were fined $40 each for
gambling.
The case of Mike Ford, colored, for
assault on his step-son was on trial
yesterday. He was fined S. and costs
The following cases were determined
by the court yesterday:
VIM. Rucker VS. Mo. Pacific railroad
company from Grayson county. AT
firmed.
w. G. Hoover, ct al. VS. Texas and
Pacific railroad company from Tar
rant county. Affirmed.
]. S. Davis VS. w. S. Gray from Hays
county. Affirmed.
G. G. Bradford VS. Envy Taylor from
Williamson county. Reversed and re-
manded.
d. G. Newton ct al. VS. Mary New
ton from Wilson county. Reversed
and remanded.
Policarpio Ochsa ct al. VS. Leonardo
Cara, administrator, ct al. from BeX-
ar county. Affirmed.
Thomas p. Hudson VS. S. W. We'll
kinson from BraZoS county. Reversed
and remanded.
w. D. Daugherty VS.. L. B. Harris,
from Wilson county. Reversed and
remanded.
Henry Tiebert VS.. L. j. Millican,
ct al, from Robertson county. Re-
versed and remanded.
w. A. Robertson VS.. A. G. Robertson,
from Brown county. Affirmed.
r. X. Chatham ct al, vs.. S. D. May,
from Coryell county. Affirmed.
J. B. Ryan VS.. j, G. Dudley ct al,
from Lamar county. Motion for re-
hearing overruled.
State of Texas VS.. R. Wells ct al,
from Travis county. Affirmed.
State of Texas VS.. Il. Wells ct al,
from Travis county. Reversed and
rendered.
These last two cases were suits
against Wells and the Suretles on his
official bond as tax collector of Van
Zandt county. In the case which is
affirmed the defendants by amended
answer set up general and various
special demurrers a plea OF non est
factum, the two and four
years statutes of Limitation
and a general denial. They
also plead certain amounts
in offset to the claim of the state,
which was for 81 ,850.08 and interest,
and that the bond sued on was never
received and approved by the comp
troller on September II, 1877. In
reply, the state denied that the bond
was ever changed in any way by the
states authority, or that the comp
troller ever refused to approve the
bond or rejected it. The state further
especially pleaded that after the bond
was approved by the commissioners
court of Van Zandt county, and re-
corded by it's order, Wells with the
knowledge and consent of his sureties,
did by virtue of said bond collect the
taxes due the state of Texas in said
county. May q, 1882, the case was
tried before the court without a jury,
and all exceptions on both sides were
overruled except plaintiffs exceptions
to the plea of non est factum aud the
statute of limitations which were sus-
tanned. The court, after trying the
case upon its merits, found Its conclu-
sions of fact separate from its con-
clnsions of law, and held as a result
of such finding that the sureties were
discharged, and that the state could
only recover from the principal Rich
ard Wells, to which ruling plaintiff
excepted.
The court, in the opinion, as read
by Judge Watts, holds that the comp
troller having refused to accept the
bond for the state, and having re-
turned it with appropriate instruc-
tions as to the manner in which the
bond should be prepared and executed,
it cannot be claimed with any show OF
reason that it was binding upon the
appellees. The purported bond did
not constitute a contract Letween the
state and appellees:: 10 legal effect it
amounted to nothing more than a
proposal made by one party and de-
clined by the other.
In the other Wells case the state
ment is, that December 2, 1882, the
surety defendants who had been
served, filed their answer admitting
they had executed and delivered the
bond sued on, and that Wells hao
commenced discharging his duties I'M
der the bond, but they claimed thai
on the application of the sureties
made at the August term, 1877, of the
commissioners court OF VanZand
| county the sureties had been relieved
from all liability on said bond from
from that date, by order of said cour
and that Wells was requested to Civ
| new bond, and was ordered to ceas
acting az fay collector until he gave