The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1896-06-11
PROCEEDINGS IN THE TWIN DIS
TRICT AND THE MINOR
COURTS.
SCA|NTZ CASE BOBBED UP AGAIN.
The Whole Thing Wound Up Against
Mr.. Schintz and Notice of Appeal
Was Given-Cases Filed in the
County Court-Other Notes.

In Judge Morris court yesterday the
case of Maddox Bros. VS.. Travis, Up
shur and other counties was continued
on application of the plaintiff.
The Schintz case was called last after
noon and motion for non suit granted as
to branch of case relating to false i'm.
prisonment, libel, SANDER, extortion and
Overruled as to action for malicious pros,
ecution, and plaintiff having declined to
try his alleged cause of action for mali
cious prosecution. Judgment is rendered
for defendant and that branch of the
case. Plaintiff excerpts to Judgment and
gives notice Of appeal.
II. V. Schintz VS.. j. L. Hume and w.
III. Tobin.
The Judgment in full is as follows:
On this day came on to be heard the
above styled cause and the plaintiff, III.
V. Schintz presented his motion on
record to be allowed to take nOn-suit
and the court having considered the
same and being of the opinion that
| plaintiff should be permitted to take
non-sut on his alleged cause Of action for
false Imprisonment, SANDER, libel and ex-
tortiOn, it is ordered, adjudged and de-
creed that non-suit be allowed as to
each of said causes of action and as to
each of them the defendants, j, T. Hume
and w, ii. ToGiI, go hence without date
and recover of and from the plaintiff.
III. v. Schintz, all costs In this behalf in
CURED, and it being considered by the
| court that the verdict heretofore rem
dered in this case for the defendants on
| the alleged cause of action joined in this
suit for malicious prosecution is still in
| force 1t is therefore ordered that the
plaintiffs motion for non-suit be desired
as to said cause of action for malicious
prosecution and that in obedience to the
writ OF mandamus heretofore issued nv
the court of civil appeals of the Third
supreme judicial district requiring this
court to retry the plaintiffs alleged
cause OF action for malicious prosecution
and against the judgment of this court
as to the lt.ht to retry said alleged cause
or acton. 1t is ordered that the trial of
TINS alleged cause of action for malicious
prosecution be proceeded with and the
proceed with the trial of the same and
having again moved that the case be dis
continued without prejudice, it is ordered
that such discvntinuance as to said cause
of action for malicious prosecution be
denied and the plaintiff having excepted
to this ruling and still refused to proceed
with the trial. and whereas on the -
day, - 1896, the jury before whom
this case had been regularly tried retcrn-
ed the following verdict: Verdict SCI
out in fulD; and whereas ON the - day
OF -, 1896, this court set aside the
Judgment rendered ON said verdict and
set aside the verdict as to the alleged
cause of action for false Imprisonment.
but reta ined the verdict on the alleged
cause of action for malicious prosecu-
ton which is still in force. 1t is there
fore ordered, adjudged and decreed by
the court that the plaintiff, II. V.
Schintz take nothing by this suit for ma
licious prosecution and that defendants.
j. l.. Hume and w. III. Tobin, go hence
without date and recover all costs in this
behalf incurred for which let execution
issue. to which judgment the plaintiff in
open court excepted and gave notice of
appeal to the court of civil appeals for the
Third supreme judicial district of Texas.