Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-03-21
Supreme Court.

J. W. stayton, c. j., R. R. Gaines, ]. L.
Henry, a. J.
A. S. Eewson vs.. City of Galveston ct al;
Galveston county. Affirmed. Stayton, G. j.
Under the provisions of the charter empowering
the city to establish market houses, regulate the
vending of fresh meats etc., doubt can ex-
ist of the power of the city to establish market
houses and require fresh meats to be sold there
and also to forbid their sale at other places.
The police power possessed by municipal cor
pcrations cannot be fettered by contract but
must DE left free to be exercised at all times,
whether in comforting or withdrawing privileges
once conferred.
Robert Miller vs. City of Galveston: Galveston
county. Affirmed. Stayton, G. j. It is agreed
that this case presents the same question as that
Of Newson VS.. City of Galveston, and that the
appeal may abide the decision in that case. It is
therefore affirmed.
John swckeI vs.. City of Galveston: Galveston
county. Affirmed. Stayton, c. j. It is agreed
that this case presents the same questions
that of Newson vs.. City of Galveston, and that
this appeal may abide the decisions in that.
1t is therefore affirmed.
J. G. Harness ct. al. VS.. the State Of Texas,
Mitchell county. Affirmed Stayton, c. j.
Prior to the amendment of March q, 1885 fSayles
c. S. $40 b. there was no law empowering mu-
nicipal corporations created under Chap. IL,
title IL, R. s., to accept in lieu of existing
charter through its board of aldermen, the pro-
visions of that title applicable to cities and
towns having population of more than 1000.
The corporation created in March. 1882 still ex-
lists, and the action of the board of aldermen of
November q, 1882, was without effect. Muni-
cipal corporations can be created only in the
manner provided by law, and when created must
continue until abolished in some legal manner.
Dawson VS.. State, Il Tex. IS; Buford VS.. State,
y Tex. 2s2; Largen vs.. State, decided at pres
ent term
J. Mass VS.. ]. N. Chadwick; Waller county.
Affirmed. Henry, a. j. 1t is complained that
the court erred sin accepting the verdict as re-
turned, and in entering the judgment as recov-
cred. We can no objection to the verdict
nor to the judgment. The court correctly ex-
r1sr r1ala
his reason for desiring to purchase the land, and
to prove the value of the land to which plaintiff
could make undisputed title.
A. W. Pouncey VS.. Margaret J. May ct al.
Gonzales county. Reversed and rendered.
Henry, A. j. The appellant assigns as error
the failure Of the court to find as fact, estab-
lIshed by the evidence. that defendant was an
innocent purchaser for value Of the land in con-
troversy. The deed conveyed the legal
that former deed to Putnam and wife had been
lost before it was recorded. Appellant pur-
chased the land without notice of facts showing
the ext tence OF an equitable title in appellees.
There is no evidence in the record to show no.
tice TO appellant of such facts, or to put him on
inquiry as to them. The Judgment will be
versed and rendered in favor of defendant,
plaintiffs paying the cost of both courts.
Texas Land and Mortgage Company, Limited,
vs.. W. B. Worsham ct al; Gonzales county.
Reversed and remanded. Henry, A. J. The
court below dismissed the suit brought by ap-
pellant, foreign corporation, because it not
produce and read in evidence its permit from the
state to transact business under the act of April
?, 1888. This statute is substantially the same
as one previously enacted IN Iowa and passed
upon by the United States supreme court in the
case of Barren VS.. Burnside [l21 U. S., 1861. The
court there held that a statute making "the
right to permit dependent upon the surrender
by the foreign corporation of g privilege secured
to it by the constitution and laws of the United
States must be held to be void We do not
decide, however, that statute may not require
a foreign corporation to obtain permits to trans
act their business within the state. We see
grounds for questioning the correctness of the
conclusion above announced.