The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-05-02
JUDICIAL BEHESTS.
Abstract of Cases Decided by the
Supreme Court.


Supreme Court.
The motio1 to dismiss the appeal In the
case of the International Raj road COM
pany was argued yesterday by the attor
n,y-general AZ d Messrs. Baker d Fisher,
aud aken under advi5ement by the su
preme court.
An elaborate opinion was read by Asso-
ciate Justice Gain es, affirming the judg-
ment of the lower court in the case of
d vid Herrell Vs. the txictn Cattle
company, appealed from Mitchell county,
This was an original action brought
by the corporation company to set aside
judgment by default in garnishment
proceeding in which Harrell was plaintiff.
Appellant in April, 1884, bought an ac-
tion of debt in the district court OF
Mitchell county against one Howell Brown,
md on the same day had writ of attach
meu issued against the property of de-
PENDANT, and also writ of garnishment
| to appele. The garnishmeut was re-
turned by the sheriff as served on E. f.
Sweeney, the secretary and treasurer of
the company, which, however, filed
no answer, and a judgment by default
was entered. In May, 1885, petition in
this suit was filed, alleging that the writ
of garni,hmeut was not served upon the
appellee, because at the time of service,
| sweeney was not "the secretary and treas
urer of the company" as expressed in the
return of the writ; and that the company
had no notice of the garnishment till long
after the djour, menJ of the court, aud
! has consequently meritorious defense.
ia hu hut WI
the secretary and treasurer when served,
and if not both, was one or the other, and
that in fact the writ was delivered at the
compapy's principal Office, and that GER
tain officers of the company had due
notice of the writ before the judgment was
| rendered
The judgment which is sought to be set
aside by this suit is not judgment fer
the sale of shares of stock in the com
pany claimed by appellant to belong t.
his debtor, Brown, who the company
claims they owed nothing, though he once
owned shares of the mpany, which he
pledged when purchased to Dunn and Har-
ris to protect the m against liability as his
! suretle' on note given for the purchase
money of the STOCK. In subsequent suit
oy the Bank of Colorado against Brow
as defendant, and the Cattle company as
gurGi5hee, IL is alleged the shares were
"Old as the property of Brown,
aud that Dunn became the
purchaser. Held: That Brown
had right of redemption in the shares
pledged to Dunn and Harris and neither
pledge waived any right by purchasing al
such sale. 1t would be the right of the
cOrpOrationtO yacate an improper judy
ment rendered without service, although
the facts might warrant another judy
ment against it. A to the question of
construc i've service, this court holds that
actual knowle dge of the existence of a suit
or the issue of writ will not supply the
want of service. The Judgment is af
firmed.
In the case of Henry Bose vs. L. M.
johnson, from Bexar county; opinion of
Judge CollaId of the CON mission of ap-
peals Is adopted, and the judgment of the
district court of Bexar county is revised
and the cause remanded. This was q suit
for trespass to try title TO certain lots in
San Antonio.
Judgment is reversed and the cause re-
manded in the case of Good Williams and
Peoples VS.. the Galveston, Harrisburg
and San Antonio Railway company, from
Bexar county; suit for damages to steers
in transit to Algiers, La. Opinion by
Judge Hobby, of the commission of ap
peals. adopted.
In Bywaters vs.. Paris and Great North
ern Railway company, from Lamar;
opinion by Judge Acker, of the commits
sion of appeals, is adopted, reversing the
judgment of the lower court and render
ing judgment in favor of appellants.
The opinions of the commission of ap-
peals were adopted in other cases as fol.
lows:
Hamilton g. Young VS. Willing, admin.
istrstor, from Tarrant. Judgment re-
versed and rendered for plaintiffs in the
lower court. COllard, j.
Aldgelt VS.. Harris, from Bexar. Re-
versed and remanded. ColIard J.
Hedrick vs.. Sisk, from Parker. At
frmed, Acker, j.
Austin and Northwestern Railway COM
pany vs.. Joseph Beatty, from Travis.
Reversed and remanded. Acker, j. In
this case the verdict and judgment was
for $1,000 for Beatty for damages for
personal Injuries caused by his falling
from train on account, it is alleged, of
negligence and want of due care by the
superintendent. The case of the City of
Austin We. Ritz is referred to as in point.
~