San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1892-05-09
MANDAMUS GRANTED.
Official Murderer King Ordered to
Answer May 17,h.

4
| Answer May 17,h.
THE STATE OF TEXAS, -
| COUNTY OF BEXAR. =,
| In the District Court of the 37th Judicial
District Of Texas, Bexar county, May
Term, 1892.
To the Hon. Geo. Fl. Noonan, Judge of
said Court: tt ID
Your petitioner, j. M. Manhard, herein
after styled piaintitf complaining of
dant most spectfully represent: - -
1st-That both plaintiff and defendant
are resident citizens of Bexar county,
Texas.
2nd-That the'defendant, Chas. F. King,
Is the duly appointed and acting Super
intendent of Street Numbering" of the
City Of San Antonio, Texas.
3rd-That the said City of San Antonio
is a municipal corporation containing
more than ten thousand inhabitants, duly
chartered by the legislature of the state
of Texas by special acts which are made
public acts by the terms thereof
4th-That on the 10th day of November
1891 the city council of said city OF San
Antonio passed and approved a certain
ordinance, to-wit: IAN ordinance rela-
tive to buildings and the numbering
thereof"
5th-That thereafter to.wit, on the 18th
day OF March, 1899, the city council OF
said city passed and approved a certain
ordinance styled An ordinance to amend
an ordinance relative to buildings and the
mum bering thereof" substantial copy OF
which said amended ordinance is hereto
attached, marked exhibit "a" and prayed
to be made part of this petition.
6th-That by section ten of said ordi-
nance as amended it is provided as fol-
lows:
Sec. 10-A competent person shall be-
appointed by his Honor, the Mayor, who
shall be authorized TO notify each proper
ty owner or agent of their correct num-
Der, and any property owner or agent
who fails TO place official number in posi-
tion within ten days, after being notified.
shall be guilty of a msdemeanor, and
each and every day shall constitute a
separate offense."
7th-That thereafter the mayor of said
city of San Antonio, duly appointed Chas.
+. King, defendant hereiD) to be the
duly authorized superintendent of street
numbering" under section ten of the
amended ordinance above stated.
Sth-That the said Chas. f. King en-
tered upon his duties as such superintend-
ent and is still acting as such.
9th-That on or about the Goth day
OF April, 1892, your petitioner received a
written notice from said defendant King,
and signed by him in his official capacity,
being in letters and figures as follows, to-
wit:
''SAN ANTONIO, Texas, Ago, 1892.
Mr.. J. MAYNARD:
You are hereby notified to call and get
the number of your house, at Garrison's
Paint Store, Houston Street, near bridge,
according to city ordinance, which is
printed on the reverse side hereof.
Delivered by (Signed) CHAs. Il. KING,
Supt. Street Numbering"
l0th-That in obedience TO said notice
your petitioner called at the place there
in designated, and also upon defendant
King personally, and requested that he.
be informed as to what his official num-
Der was. in order that he might obey the
provisions of said ordinance as above
stated, but defendant King. failed and
refused, and still fails and refuses to tell
to your petitioner his official number, to
petitioners great damage.
lIrh-Petitioner further shows to the
co that he has no adequate remedy at
law.
Wherefore, premises considered, petit
toner prayS for an alternative writ of
mandamuS, TO be served upon defendant
Chas. f. King, requiring said defendant
TO answer at your Honor's earliest con-
venience. and to show cause II any he
have, why peremptOry writ of mandam-
us should not issue, commanding said
defendant to inform petitioner what his
correct and official number Is, in accor-
dance with The ordinance as aforesaid.
Petitioner further Drays for all costs, and
for general and special relief.
WALTER III. GRIGG.
Attorney for Plaintiff.
The State of Texas
County of BeXar.
J. NJ Manharu, being first duly sworn
upon oath says. that he IL the plaintiff in
this case. and that the facts set out in the
foregoing petition are true.
(Signed). j. M. MAYNARD.
Sworn TO aud subscribed before this he
18th day of May A. d. 1898. NAT LEWIS,
t. Clerk ID. Z. Il. Co. Tex.
ENDORSED.
The clerk of the District court of Bexar
Co. will issue the writ as prayed for, re-
turnable May nth. 1892.
(Signed), q. II. NooNAN,
District Judge.
WALTER II. GRIGG, Attorney for Plain.
tiff.