The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1886-04-15
THE COURTS.
THE PROCEEDINGS OF THE
HIGHER COURTS.
THE DISTRICT COURT AND JUS
TICEs OF THE PEACE.
SUPREME COURT,

Hull asa H. W ME, CnleI lustlce' Hun
j. W. Stayton and Hon. Sawnie Robertson,
: associate justices; Chas. S. Morse, clerk.
, The supreme court rendered decisions
Tuesday in the following cases.
Lyon & Gribble VS.. Logan q Mundy,
from Clay county; affirmed. Robertson,
judge.
State of Texas VS.. Stone Cattle and
Pasture company, in error from Archer
county; affirmed without reference to
limitation. Robertson, judge.
A. Cartright ct al. VS.. S. w. Moore, in
error from Grayson county; reversed and
remanded. Stayton, judge.
G. w. Brown VS.. Uriah Hearon, from
Grayson county; reversed and remanded.
Stayton, judge.
E. B. Blanton ct al. VS.. A. j. Ray ct al,
from Fannin county; affirmed. Willie,
judge.
7. A. Tidball ct al. vs.. VIM. Eichoff,
from Tarrant county; affirmed. Willie,
judge.
A. B. Norton VS.. Oliver Greggs, from
Dallas county; affirmed with damages.
Willie, judge.
A. l.. Matlock VS.. First national bank
of Mt. Pleasant, from Collin county; af-
firmed with damages. Willie, Judge
In the case of the state VS.. the Stone
Cattle and Pasture company, the suit was
brought under the act of April IA, 1888, to
create land hoard, etc, section 6 of
which contains this clause: provided
that suits for the recovery of such lands
against non-residents shall be brought in
the district court of Travis county"
| "rhis is a suit" the court adds, "against
corporation peremptorily required to
be brought in Travis county. 1t was filed
in the district court of Archer county, and
the defendants demurrer to the venue
was sustained and the case dismissed
There is no error in the Judgment. The
statute Is mandatory. The judgment
must be affirmed without reference to the
question of limitation"
The case of G. W. Grant ct al. VS.. Lee
Wallace, from Trinity county, notorious
for writs of injunction and prohibition,
were submitted on oral argument for
both sides.
B. r. Harwood ct al. VS.. Thomas w. H.
Wylie; from Wichita county.
S. j. Collins ct al. VS.. Jas. w. Kay ct
al, from Wichita county; motion to
strike out statement of facts from tran
script granted and statement of facts sup
pressed by order of court.
Mayaret, Brown, ct al. VS.. John Hulsey
ct al, from Fannin county; motion to dis
miss appeal overruled.
Charles ID. Oates VS.. l.. G. Sparkman ct
al, from Wise county; motion to consol-
idate with No. $3.50 overruled.
U. A. Shumard VS.. Wiley johnson,
from Cooke county; submitted on briefs
and printed arguments of both par
ties.
Texas d Pacific railway company VS..
Hugh H. Rogers, from Lamar county;
submitted on briefs and printed argu- !
ments of both parties.
j. d. Lynch VS.. Alexander Artleit d
Co., from Dallas county; submitted on
briefs by both parties.
Chas. S. Newton ct al VS.. Talcott q
Co., from Dallas county; submitted on
briefs.
COURT OF APPEALS.
Hon. John p White, presiding judge
Hon. Sam A. Wilson and Hon. j. H. Hurt
associate judges; Hon. James H. Burts,
attorney geGeral Jas. l.. White,
clerk.
Crozier & Bohny VS.. j. E. Henderson;
motion to dismiss appeal suspended for
motion for certorari
Jones Brothers vs. Pacific Express COM
pany; motion to dismiss appeal.
Kemp, Stinnell & Nall VS.. Collins ct al,
from Wichita county; motion to dismiss
appeal granted.
j. d. Darnell VS.. the State, from Baylor 4
county; motion to dismiss appeal granted. &
Fred. Ferris vs.. the State motion to
dismiss appeal granted.
Tibbin Taylor VS.. the State from Cook !
county; motion to dismiss appeal over
ruled
F. Jackman vs.. the State from Will
Darger county; motion to dismiss appeal
Dverruled.
Stone Cattle company VS. F. NJ. Davies S
from Wichita county; motion to dismiss
appeal overruled. f
Thomas r. Allen VS.. Schneider e. Davis,
from Dallas county; motion to dismiss
appeal overruled.
Frank Doyle VS.. the State, from Baylor
county; affirmed.
j. c. Branron VS.. the State from Denton i
county; affirmed
George W. Vaught VS.. the State, from -
Cooke cosnty; affirmed. :
j. T. Crossfield vs. the State, from Mon d
ague county; affirmed.
Theo. Watson VS.. the State, from Gray
ION county; affirmed. V
7. F. Boiling vs.. the State, from Dallas "
county; motion to dismiss appeal with
lrawn by the attorney general.
j. W. Huffman VS.. the State, from Den
on county; affirmed. a
Joe Thomason VS.. Nancy Tucker; mo- :,
ion to strike from docket granted. ~
Weir Plow company VS.. W. NJ. Barker, "
rom Wichita county; motion to dismiss -
Ippeal overruled.
F. n. Faison VS.. L. +. Shumate from [
lamar county; motion to dismiss appeal ;
'verruled. e
f. Williams VS.. the State, from Wilbar- N
,er county; motion to dismiss appeal
'verruled and motion for certiorari u
granted. D
John Schinshe VS.. the State, from Bay W
or county; affirmed.
j. w. Adams Il Co. VS.. Howe. Mac & Co.;
notion to dismiss overruled. " "
W. B. Jovine VS.. the State, from Mon !,
ague county; affirmed. c
Will Lackey VS.. James Mitchell, from d
irayson county; motion to dismiss appeal
,verruled.
Jonah Miller VS.. the State, from Collin
)unty; motion to dismiss the appeal sus-
pended. -
State VS.. Josh Connlly; closed: charge n