The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-02-27

Krupp guns two 1-2-lnch L. ton X
| Founders.
There are four partly armored sloops c
| Pleasant w. Rose survey. The plaintiffs re-
| covered judgment in the trial court from
| which defendant lehman alone appealed
| making his appeal bond payable to the
plaintiffs only. Tho defendants In error now
move to dismiss on the ground that the ap-
peal bond was insufficient to give the ap-
| peilate court jurisdiction of the appeal.
|. The record shows that whatever Issues
existed between MoNce and Ahott on the
one side and the plaintiffs on the other
were settled by an agreed judgment No
| reason is seen why the former parties
| should be dragged along with the case in
the progress Of the litigation. The APP
| peal bond must be made payable to all
adverse parties-but they had no interest
adverse to appellant in the court of civil
| appeals We therefore override the motion
| to dismiss.
,. The plaintiff in error claims under
sa1 made by the administrator of Likens
! and the defendants In error claim his
heirs. The only question is as to the suftl-
cheney OF the description of the land given
| in the proceedings of the county court and
| the administrators deed That description
il in substance az follows: half interest
land. part of the u. W. Rose survey. in
| Harris county, Texas The evidence show
Cd beyond dispute that at the time of his
uua'n a. d. I'm nV,' Au "n"''.i.N ~
telSep ~ a 'Iact ., o'o az, III w !. eui
tes, "HIvn w ~ oF r7,ora
o9",.',i a.,u 'na. ~ .hrat,c an,,oors
w =" ~. : - N' 49, - -, ,aii
desiring to purchase aftc- inspecting the
| description in the order, by applying to the
aunl...S'll,J o. Ny au ,sai.,e y,h "a ahsn
70, o4u,u ,' ST, troct os Iond in
iuF 'eI.p'ilH .Ne & i,t,'',a,o ',,i a,
w. a,, "a" ,,i ,r,rai,t ~ tho doecrirtton
Wa not; IN our op.'o sum ,i'. -, y" ,snnia
ls.,,, o'I ia, Ia ~ ,bn dsGnitn aeoer
20 "' N"s Nv ~ ~ ha so,5 and
ta'nment o, tne pv.n'S's doscr .i,
IT,, T., -, adn,inistrator,s saie.
rho trial court should have instructed a
verdict for thu defendant
opinion ny GAINES - D.
~ po>,,,rp ,,s TpAnrps. NATION
AL BANK; certified questi m in case
| from Tarrant county Second district
| Question Whether in suit against
| n National bank to recover the penalty
,.,.a, t., 80 Fedora, stotrto for ,eceiv.
-. ..,.,,ro =, 80
Ing -usuflous interest," uie u'VA9''' Va ~
| coVery is double the whole interest re-
| ,oi,.od ~. or,v dnublo The excess above
| What ,night have becn lawfully contracted
for ana receivcdq'
W. ar, 80 no onlnio, that tbe main
! lonnpaoe ~ Tho statute nern,its nr no other
| rcnstr,oticn than thnt rlaced ,,nun IT in
the oninion of Judge Dillon. delivered in
The casn ~ Cracker Va National hank. first
! Notiona, banl1 cases. D. sl7. and therefore
| in answer 10 the question propounded we
Ho,a ,'ia a. sh ,r,oros, received m
| s. OF United states sec. $3.50.
Opinion by Denmnn, J.
o. "A. SCHLlh. HEX ~ a. vs., 'un -,
~ 49, n,so from hewitt county
FIRST district-Dlsmissed for want of
| jurisdiction
The application for writ oil error IN
This case was Med In inc ofhce Oh tue e'e'
Of the court oil clVi appears "''0 "A' wv
| late; and although counsel for the. DEFEND
on, In .ho onr,lcation have agreed in
.no ao,,v we had doub;a
| writing to waive t''e u''"'' we i'''''
| MS to our jurisdiction ana on former uas
requested argument upon the question
| Under amended secticn : OF article OF
/ the ocrstitution this court Is 10 eNe'o 'se
! its appellate Iurlsh'V''un "', ~ looIei.turo
strictious and regulations as tle go
lature prescribed that the petition TOT w
writ OF error should be hled WIN the . ,int
of 'h0 court OF civil Appeals W'u,,n co.,
| days from the overrulinS VI Wv ,hiai, +b,t
a rehearing IN tuat Cow oo,,,nlience With that
!. WAS should he MS condition pre-