Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1890-04-02
Letter from Texas.

| Letter from Texas.
HOW THE GALvEsTAN ssNEws' CAUGHT TIL
HOUSTON s'PosT."
| SAN DIEGO, TEXAS, March 10, 1890.
Editor Spectator One of the best joke
your correspondent has ever had occasion
to laugh over occurred the other day in tn,
shape of trap set by the Galveston Dali,
Nesos in order to catch the Houston Dali.
| Post The trap was set,-the Post bit
was caught-and the Neps crowed.
In Texas, the Supreme Court (CiviD anG
the Court of Appeals (CriminaD decisions
are valuable to many readers of the daily
newspapers, especially to attorneys, anG
the newspaper that has them reported first
stands first in many respects in consequence
Texas is big State, and the amount of the
work, in the shape of decisions, Of these
two Courts is very great, and while all Of
these decisions come out in the published
reports of the two Courts in book form, il
takes six months or more before attorneys
and inferior courts obtain them. A live
paper, therefore, like the Galveston Ncaps,
employs special reporter who follows the
courts from Tyler to Austin, from Austin
to Galveston and back again. This re-
porter is paid, at big expense, by the
NeUs. The Post, it seems, copies the de-
cisions found in the Ne,cs and publishes
them the following day, leaving the i'm
preston that it, the Post, also employs a
reporter. In order to show tho trap, &c.,
your correspondent will give what came
out in both papers. First, the decision
published in the Nesos.
THE GALVESTON DAILY NEWS, WEDNESDAY,
FEBRUARY, 26, 1890.
THE SUPERIOR COURTS.
What they are doing at the Galveston
Term:
Synopsis of decisions rendered by tho
State Courts Of last resort during the pres
ent session, as specially reported for the
News.
SUPREME COURT.
John W. Stayton, Chief Justice; R. r.
Gaines and John L. Henry, Associates; D..
D. Atchison, Clerk.
+
Mayor, Aldermen and Inhabitants of the
city of Houston vs. Thos. Emory's sons
error from Harris.
Suit by appellees to compel the city
through its officers to satisfy two judgments
against it. There was appearance for the
Corporation and judgment was entered as
an action for debt, the mandate going to
the Corporation, its officers, agents and
Common Council. The citation and return
are held sufficient to authorize judgment
by default. 1t was proper to entertain a
proceeding to revive former judgments and
at the same time enforce payment of the
same through mandamus. A resort to two
actions would have been as improper as un-
necessary.
(The old Norman Maxim: La etsy amt
sopeht shit, applies here.)
The petition alleged all the facts neces.
sary in an action of debt on Judgments,
but there was no specific prayer for such
Judgment as would be proper in such a
cause, and there being no prayer for gen.
eral relief, the Judgment entered was er-
roneous. The prayer was to revive and
make valid the judgments. Reversed with
instructions to enter judgment reviving the
judgments and in all other respects grant
the specific relief prayed for. Opinion by
Stayton, G. ].
This was the trap and the Norman
Maxim was the bait.
Second. The decision published in the
Post.
HOUSTON DAILY POST, THURSDAY MORNING,
FEBRUARY 9th, 1890.
HIGH COURT DECISIONS.
Synopsis of decisions delivered at Gal
weston by the State Courts of last resort
during the present sitting in that city, and
kho D.,
Post.
SUPREME COURT.
J,hn W. Stayton, Chief Justice; R. r.
Gaines and John L. Henry, Associates; D
D. Atchinson, Clerk.
, Mayor, Aldermen and Inhabitants Of the
city of Houston us. Thos. Emory's sons
error from Harris.
Suit by appellees to compel the city
through its officers to satisfy two judg
ments against it. There was appearance
for the Corporation and judgment was
entered as in action for debt, the mandate
going to the Corporation, its officers, agents
and Common Council. The citation and
return are held sufficient to authorize
Judgment by default. 1t was proper to
entertain proceeding to revive former
payment of the same through mandamus.
A resort to two actions would have been al
improper as unnecessary.
(The old Norman Maxim: La etsy ami
sopeht shit, applies here.)
The petition alleged all the facts neces-
sary in an action of debt on judgments, but
there was no specific prayer for such judg.
ment as would be proper in such cause,
and there being no prayer for general re-
lief, the Judgment entered was erroneous.
The prayer was to revive and make valid
the judgments. Reversed with instruc.
tions to enter judgment reviving the judg-
ments and ID all other respects grant the
specific relief prayed for. Opinion by
Stayton, G. j.
This was how the Post bit, and was
caught, and in the following editorial pub.
lished Friday, February 2Sth, 1890. in the
Galveston Daily News, shows how the
News crows over the success of his little
scheme to bait and catch the Post.
'sTHIs THE POST MAY STEAL"
The Houston Post is a pretty smart
paper in some things, but the smartest OF
them get caught occasionally. The Post
has been regularly stealing the decisions OF
the higher Courts from the Neacs for some
time past, and has had the gall to place
over these stolen reports in black headlines
the legend; Especially reported for the
Houston Daily Post" The stolen matter
appears twenty four hours later in the Post
than the Court reporter of the Nesrs furn.
ishes his work to this paper.
THE NEWS SET TRAP
for the Post the other day and the Post bit.
There was nothing small about the trap
In the decision in the case of the Mayor,
Aldermen and inhabitants of the city Of
Houston us. Thomas Emory's sons, error
from Harris" opinion by Stayton, c. j.,
printed III the News on Wednesday morn
ing, liberty was taken with the decision,
which was justi6able under the clrcum-
stances, This liberty was the injection