The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1893-12-23
THE HIGHBs COURTS
THE sYNopsEs or DECISIONS AS
HANDED DOWN.
Renderines of The state Courts Of
Last Resort In Causes Taken Up
on Appeal FROM tho Lower
Judicial tribunals.

assoctates; q. 81 Morse, clerk Cour
located at Austin)
Austin, Texas, December 2s-The su
preme court handed down the following
opinions yesterday
The National Bank OF El paso w. II. NJ
Finb. from the Fourth distFict. The cues
ton certified ia rs It contrary to publ
policy IA this State for a public Officer
70 give n Hen upon his unearned ofncia
compensation2' We answer that II 1,
contrary 10 the public policy or this stat,
| FOR public officer 70 assign or give a Her
upon his unearned compensation which IL
given by law. whether such Compensation
sgnment or lien Is void.
n isngland the authogities seem 70 be
\ UNANIMOUS N holding such assignment
Void g r. r., Isl. 3 isus & r., ssS. s III.
a liz. $50 The American text writer's
and courts nearly al Follow the rule laid
| down Ia tie English cases tStory,s Eq.
| Jur. sec. Iei0ns Meechem on PuO. Ofncers,
see, aisY Some OF tne cases hnve held that
the assignment OF unearned fees does not
courts as to salaries people vs., Dayton,
~ Toward, Pr r., 49, The weight OF nu-
thority seems 70 be against this eonten-
Ala, 2i1D
II such assignment is permitted the
femily u such officer might be deprived
~ support from the State, thus forcing
the othcer % look to some other source,
thereby depryiug tho State OF tho careful
and thoughtful attention Ihht the public
Interest demands This would be strong
inaueement 10 resort TO methods witch, II
not dishonest wquid az least be inconsist-
eonsidera.iops which Join IN showing the
rnlc wei founded which II Is not necessary
g speak Of here. Opinion BY Brown a. j.
The Cary Lumber company VS.. First
National bank Of Ballinser. from the
Third district The question certified is:
In order 70 tx The liability OK nm I'M
dofser OF negotiable paper that carries
with II days Of grace must 1t be protested
for payment on the third day OF grace or
me day immediately following the third
on the third day Of grace, az had Ia this
case. premHture2"
We are Of opinion that In order to ax
ny protect The liability OF an fndorser
upon q Womissory note, the protest should
ne made on the last day Of grace. Article
w qf the revised statutes provides Ia
substance that the holder OF any bill OF
exchange or pronissory note may secure
hna NIX the liability OF the drawer or In
dorser % such Instrument "by procuring
by notary public for non-acceptance or
and giving notice OF such
protest to such drawer or lndorser, accord
Article 27s simply declares that three
Days @ grace shall be allowed on all bills
a bic ar neentIaS,e bv i2,,,S, NM @ %sSisn
purpose Of the former article is 10 pro.
we WI LOT tne ualng o. the Liability Of draw
notes by protest and to apply the rules
q the law merchant as to the time and
tion TINT ~ tba ia,, ,,poni tie ppLLop953ti,,
or note must be presented for payment on
ne i iast day Of grace, and that the protest
seen, 4, Nc % ~ a. ~, III ~ VIZ agtnpqTitles
w; Iriplett, | Pet, 2al Wend., 10: Ia
Artieie 236 rneraly v0S ~ loo NO -,,a :, 49,
,n,,it,on io,,. - !. 49,. ,lau ute VI Tue
Die 10 ali hills and notes .Sasslennbia az
legotiabIe Nv Inv Tbera Re NO T., uI
Ia chans,a fhe ia rdt - no intention
Counsei for aTps1apt cart,,;d ~. 49,,
protest is premiature. ana cite ~ Te eSea
sun 70 re- T'e.xas he9i Il graSas II ,a1a ~
i w Rep 400 The r,tsst5e,r, -, ,,,a uiiu ~
'aised In any az tfaaa cosns e,y5sa,t ~
asst ana In that ii was held thht ks ks
tote was entitled to iavs ~ araoe an AMI
iscauBe II wns rrntesfed mn ~ ~
would have runtirea bads M davs ~ |
staee been allowed. the protest was mn
shines, A. j.
S. c. Bosey Va. Il. c. Pease, from
rra,r,a 1,hare gs M dn,,,,t &c ~ ~. 49,
go '0tN - u" u"uUt hs 10 the lden- /
lty OF the persons ana there Is no rea- /
ION to believe that plaintiff in error was |
James were oAulserman." even II the real
iatne WAS "Ankenrnan.
The instrument sued on was a note FOR
money 70 pay for work and material fur |
nisentne,,s ny noii,e ne, OF me
i this mote 10 secure il. Which fhstrI,l
aent was acknowledged AZ required To- TX
lens on a homestead Tine instrument
vas filed for record and recorded in u
ook IN which ordinary deeds as well as /
filed 20 secure mechanies' I
ems Wet q rapnrfad a tt1 ne Il /, l,s 1, i,N,t