Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-02-08


bill is by Chambers. OF Montague. II IL
to emend article 1895 chapter 4, title
20. Of an act passed BY the Sixteenth
legislature. entitled, IAN act to adopt
and establish the Revised civil Stat
utes." which article regulates thu Venue
of civil cases in district and county
courts.
Tho Vital amendment and that over
which there Is promise OF prolonged
and hot wrangie is brlefy this: A
man muat be sued In the county In
which he has his domiciie, even though
he contract In writing 10 pay money
In another county.
The majority report recommends en-
actmcnt. \
The minority amends the section re-
fcrIed TO above by this addition:
where person has contracted in
writing TO perform an obligation In am
particular county, In which case suit
may be brought either in such county
or where the defendant has his donl-
ellie. Snitn upon contracts for labor
or service performed may be brought
in the county where such labor or SER
vice was performed"
The minority Is signed by Moore or
Morris and Seabury. Moore OF Norris
moved that the minority be substituted
In place OF the majority, and argued
that the proposed amendment was un-
hArdshipH
Chambers. the author of the bill. then
explaned the reason OF the amends
ment--to prevent concentration and sur
plus OF litigation IN the cities and a con-
seuuent regular demand on tho
Legislature for the creation OF now
courts therein.
"'rhere are three district courts In
Dallas county" said he, "and $1,000 In
habitants. In the neighboring district,
judicial No. ls, there are $1,000 lnhabit-
ants and only one court. What IL tho
reaAon OF this2 Cities like Dallas are
the points where innumerahle agencies
for farming implements and supplies
abide. The farmer comes TO town 10
get those goods on time. He signs a
note and never looks at the little foot
note in fine print specifying place of
payment, Hence the fiow OF litigation
10 tho cities, the unjust distribution OF
litigation. This Is the purpose OF the
amendatory BILL"
The tenor OF the fire OF questions to
which Mr.. Chambers was put showed
that there 10 decided and formidable
opposition to the measure. Bill shaws
activity against the bill came 10 the
surface In the course of Chambers re-
marks. BIN shaw calls this a lawyers'
bill. Why, gentlemen. II Il IL a law
yers' bill, Il Is a lust bill--a bill 60 pre-
vent the concentration of business In
the hands OF the city lawyers and give
the country lawyers chance"
Mr. Sebastian urged the passage OF
the bill on the same grounds.
Mr. Blair said he hoped the time
might never come when he'd have TO
base the hope OF success of u measure
he advocated upon the arraying OF ono
class OF citizens against another. u.
however, he were reduced TO that pass
IN the present instance, he'd wish the
caption OF the bill 10 DO changed no as
to read, "a bill for the relief OF tho
country lawyer" Mr.. Blair snid he
was sorry to SEQ a move made TO rcvo-
lutioniae law which was Just and
equitable and satisfactory upon such
a weak and nonuensicnl reason.
The text OF this important bill In an
January II, 1895. Read frst tlms
and referred TO judiciary COMMITTEES
| No. /.
January 20, lssO--Tavorablo report
from malc ~. adyerbe report from
Section 1lile It enacted by the leg!s-
iature OF the state OF Texas: That nfti-
| Gle llgS, chapter 4, title 20, OF the re-
! v!red statutes of tho state OF Texas.
as adopted Mt The regular sssSi IN OK
| the sixteenth Legislature of tho state *
! Texas. be amended 30 aa hereafter 10
/ read us follows:
! inhnbitant OF this state shall DO sued
/ out OF the punty In which he mas
his domicile. except in tho folowinH
cases, to-wit.
/. Where the defendant 10 Il marfied
woman, In which case she may be sued
In the county In which her husband mas
his domlcile.
2. Where the defendant 10 tram
Bient person, IN which case he may be
sued in any county in which no may be
found.
8. Where the defendant. or all OF ney-
eral defendants. reside without the
state. or where tho residence OF tho
defendants ~ unknown. In which case
suit may be brought in the county In
which tho plaintin resides.
| A. Where there are two or moro DO
PENDANTS residing In different coun,ies,
| IN which case tho suit may DO brought
In any county where any one OF the
defendants resides. provided, the do
1nioile Of any defendant not primarily
liable upon any contract In writing.
shall not authorize suits upon such
contracts. In any county other tnhn
tho county OF tho residence OF the
principal obligor In such contract, ex-
ccpt In such cases where such party
not primarily liable may be sued with-
out previously or at the nams time
sueinB the principal oblisor
s. Upon contracts IN writing. or up
on contracts for labor or service per-
formed, suit may be brught In tue
county IN which the principal obiigor
In any such contract resided ar tho
time OF its execution. or In Tho county
where such labor or service was per-
formed.
Q. Where the suit is against m exc
cutor. administrator or guardian as
such to establish a money demand
against the estate which he represents.
In which case the suit must DO brought