Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1889-01-28
THE HIGHER COURTS.
Synopses of Decisions Rendered at the Present
Galveston Sitting.
SUPREME COURT .

SUPREME, COURT
]. W. stayton, Chief Justice, presiding; R. R.
Gaines and ]. L. Henry. Associate Justices.
Correspondence of the Gazette.
GALVESTON, TEX. Jan. 20 .-Galyeston
gas company; appeal from Galveston,
Taxation-Th appellee brought this
suit to relieve itself from over-taxation.
The property was assessed and value ap-
proved by the county commissioners
court A subsequent assessment in
creased the valuation which appellee
submitted to under protest. This action
lies for recovery of the Illegal taxation
and the interest thereon.
Held: That all that amount above the
amount of the first assessment should be
returned with interest. Taxes being
illegally demanded and paid under pro-
test interest should be allowed from time
of payment. "a Metcalf, 100. The
assessor is agent for the county. Re-
versed and remanded for appellee Stay
ton, c.. j.
Heber Stone ct ais VS.. Green Hill; ap-
peal from Washington county. at
term of the justice court held at Bren-
ham, the county seat of Washington
county, on the last Monday in Decem-
Der, 1881, Heber Stone, one of appel
lants, recovered q Judgment against the
appellee. BY another judgment rem
dered in the same court at a term held
on the last Monday of October, 1888, the
first Judgment was revived and chattel
mortgage foreclosed, which had been
given in 1882 to secure it. In Septem-
Der, 1884, execution was issued upon the
last named Judgment and levy made.
Appellee then brought injunction suit to
enjoin the sale of his property, and the
enforcement of the execution and any
further issue upon the Judgment.
A preliminary injunction was granted,
which, upon final hearing, was made
perpetual. From this judgment the de-
PENDANTS appeal The grounds upon
which the injunction was claimed was
that the respective terms of the court at
which the judgments in the justice S court
were rendered was not authorized by law
and that, therefore, the judgments were
void. Article 1917, r. s.. provides that
the justices court be held on the last Mon
day Of each month. later act
amended the former to read that justices
courts shall hold regular terms as pre-
scribed by the county commissioners
court. This authority the justice S court
did not then have.
This IS wrong conclusion.
Therefore it should not be held that the
legislature intended TO declare law
which might result in the closing of nC-
merous tribunals in the state until the
commissioners court should be called
upon to take action in the premises. 1t
should rather be held that it was in
tended that the days previously fixed
should seem so designated by the COM
=
proper to make change The manifest
intention of the legislature should
prevail over the liberal terms of the stat
ute. The terms of the justice IS court at
which the Judgment called in question
were rendered were not without author
ity and the judgments are valid. The
judgments here appealed from are there
fore, reversed and rendered for appel
liant. Opinion by r. r, Gaines, associ-
ate justice.
Commission of Appeals-W. Acker, presiding
Judge; W. E. Collald and E. Hobby, judges.
II. NJ. Shirley VS.. Waco Tap Railway
company eft al; appeal from McLennan.
This suit was brought in July, 1870, and
this is the third appeal. Reviewing the
litigation and indicating numerous errors
in the record, the court says: ''The
judgment should be reversed and the
cause remanded, with Instructions to the
court below to try the issue. whether the
sale of the Waco and Northwestern rail-
road made to the Houston and Texas
Central railroad through and under the
deed of trust executed to John Flint as
president of the Waco and Northwestern
railroad company to the trustees of the
Houston and Texas Central railroad COM
pany, was fraudulent as TO appellant IS
rights as creditor of the Waco and
Northwestern railway company and to try
no other issue presented by the pleadings.
II upon the trial it should be found that
said sale was not fraudulent, then jude-
ment shall be entered against the trus-
tees for the stockholders and creditors of
said Waco and Northwestern railroad
company in their representative capacity
only for the sum of SIG 453 80 with in
terest from the date Of the judgment,
from which this appeal is taken, together
with a foreclosure of appellant 5 lien
upon the railroad and appurtenances from
Bremond to Waco against said trustees
and the Houston and Texas Central rail-
road company to enforce payment. That
Judgment be rendered against said
trustees for SOC 600 with interest, to be
paid out of any assets in their hands as
trustees If it should be found that
the sale was made to defraud the credit
ors of the Waco and Northwestern rail-
road company, then the said road
shall be adjudged subject to sale for the
satisfaction of judgment in favor of ap-
pellant against said trustees. So or
dered and advised.