The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1892-05-05
TIE JUDICIAL HARVEST.
BUSINESS TRANSACTED IN THE HIGH
COURTS YESTERDAY.
Cases Disposed Of in the District and Coun-
ty Courts and Drift From the
Minor Halls Of
Justice.
SUPREME COuRT.

Wilbarger; Brown VS.. Skinner, Frio;
Hughes VS.. Dubbs, Wheeler; First
National Bank VS.. Brown, Martin;
Miles VS.. Sherwood, Tom Green.
Reversed and remanded-Trimble
VS.. Edwards, Hamilton; Worthington
VS.. Boughman, Archer.
Hon. E. j. Simkins, recently APP
pointed judge on the court'of appeals
bench, qualified today and will begin
his labors as such tomorrow.
JUDGE KEYS COURT.
In this court yesterday the famous
case Of the State VS.. the Day Land
and Cattle Company was on trial all
day, but it was not concluded.
JUDGE RoBERTsoN's COURT.
M. A. Taylor VS.. Richard George,
trespass to try title; on trial.
COUNTY COURT.
Castleman VS.. Haigler; on trial.
RECORDERS COURT.
City VS.. Mary Tyson, vagrancy;
fined So
City VS.. Ounce Jones, intoxication;
fined S..
City VS. Joe Miller, intoxication;
fined S..
SUPREME COURT.
The following cases were disposed
of upon report Of the commissioners of
appeals:
w. A. Mckinney ct al VS.. Il. w.
Robinson, county judge. Appeal from
lINar lfvy Grrif . hn fNy
judge against the county treasurer.
The treasurer OF the county is not en-
titled to commission on county
script received by him from the tax
collector in payment of county taxes
and by him turned over to his sue
cessor. He is not entitled to commits
sion on court house land Jail bonds
issued by the county to contractors to
pay for the erection of such buildings.
That the orders of the commissioners
court directing the treasurer to de-
posit funds of the county in certain
bank and afterwards relieving the
treasurer from liability from the loss
of funds thus deposited by reason of
the failure of the bank, were made
without authority of law and will not
relieve the treasurer from liability to
the county for the money so lost.
Judgment reformed in amount and af-
firmed. Opinion by Hobbz, ]. P.
w. H. Brown VS.. M. X. Shi-
mer. Appeal from Frio county.
The act of 1887, which withdraws from
sale the school lands classified as
grazing lands, leased for five years,
until the expiration of the lease is
constitutional. The lease will be pro-
tected until it's term expires. 1t seems
reasonable that the lands should be
classified before leasing them, but
there is no provision in the act requir-
ing it. Affirmed. Opinion by Col
lard, j., Judge Mari not sitting.
o. l.. Hughes VS.. E. Dubbs ct al.
Appeal from Wheeler county. A cti-
zen cannot maintain suit TO prevent
the organization of county. A county
is political division Of the
state, and it's organization
is of a political nature.
A person owning property therein
would not be subject to any taxation
that would not be common to all alike
and when the injury is common and
results from the invasion of right en-.
joyed by party in common with the
public, a private action cannot be
maintained. The allegation that tax
will be levied against him and that he
will be compelled to pay, does not
give him right to maintain this suit
Affirmed. Opinion by Garrett, P. j
Frank Trimble VS.. ID. w. Edwards
ct al, from Henrietta county. When
secondary evidence of deed that
has been lost or destroyed
is offered it is not necessary to file q
preliminary affidavit of it's loss or de-
struction. Oral evidence of it ON the
stand is sufficient. The court will
not take judicial knowledge of the
date of the organization of a county
Reversed and remanded. Opinion by
Garrett, P. j.