The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-10-31

MCssrs q. T. Holt, L. r. Bryan and
l.. b. Moody, counsel for the defendant,
filed the following amended answer:
l. Now comes the defendant, w NJ.
Brumby, and by leave Of the court hrst
had and obtained, files this his first amend
ed original answer. in lieu of Is his o0 original MAJ
answering the plaintiff hrst amenHea ORE
in0l petition, excerpts TO same IN that II -
wholly insufficient in law and SHOWS no
cause of action against this defendant, and
of this he prays Judgment of the court
.. For special exception to sald petltloh'
this defendant says that no facts are ~
legged in said petition which show any IN
| fringement or trespass upon the rights OF
! plaintn by this DEFENDANT; ana IL hQMMheae
| appears in said petition that pitinIln n.s
/ any legal grounds for complaint, or cause
! of act on, against this defendant nor does
said petition allege any facts Which WI" M
| plaintiff, either in his private or ohlclal
| capacity. sn+
s For further exception this defendant tdtinL
shows that 1t appears from SAID peuuon
that If the plaintin has cause OF u, V.,gJH
he has complete and adequate remeiG
at law, and it does not appear rom saw NV
injury whatever, will result from me re-
tusal to grant an Injunction heiein, a tba
1t does appear from said petition luut tue
result of the granting of an lnl9h ,,d 90
herein, temporary or otherwise, woull pe 10
leave the city of Houston without any per
son whatever to discharge the duties heeesI
sary for the public health of the CIV ~
Houston, and that thereby n great and II,
reparable injury might ana propang No MN in.
be done to the city of Houston ana Tue "a ~,
habitants thereof by the granting ol s"iu
writ Of Injunction. .hi. 40
4. For further, special execution ImiS said
PENDANT says that Il appears Tau s, nu
petition that neither the plaintin nor any
other person other than TINS deIehud1n M toe ~,
clniming the right to discharge the duues
z Incumbent upon the health officer or the
! city of Houston. ut, a.
>. For further special eXcepihio ot Il Is nj
PENDANT shows TO the court that IL Is .ho
I legged in the plaintiffs petition that the
plaintiff is authorized by the charter o. w
5 city of Houston to nominate can l,n,alu
which candidnte docs not. however, become
. the health officer Of said city, unless "
S is elected to said office by the city cou i,
g ell and Ii is nowhere alleged in sala pe,.i
: ton that any person so nominated pN es n a,
3 said plaintiff has been elected 70 sllu + law
e by the city council, but, on the c onttattS
r II affrmatively appears from sold ppted Il
Il that no such person has been elscIe e ~ i,
T said office nv said city council ana OF 'n''
II he prays Judgment of the court, ut, 40
v 6. For further special exception tn iSo1 us
IS fendnnt shows to the court that ~ Is hi tti
n In paragraph 16 Of plaintiff saia pr rIe q
s. that defendant assumes to take, cuattse ~
II the hooks and property pertaining 70 Ia
le health officer without any legal rlsnhh ~
n authority and contrary to aW r nn dc
m PENDANT from taking possession " oro 4
n pronerty and It Is not ALLEGED an .,'n tha
r. said petition that any person other tnn
n the defendant Is in nossessIon Of said doom
~ ana property nor that any person oIns
IN than this defendant is entitled 70 sue" ~
session .hts A,
p 4 For further special exception th,s u a
IL fendnnt shows to tho court tnai u a.
~ legged In paragraph II OF said petition :. ii a.
m the motion of Alderman Thompson pIvH'SS
that defendant shall receive tne SUI Inc
M SlA0 ner month. and platntln piaaa1,,oc,fu
he dNfendant he restrained from the cuini,i ,,e
- \ of said sum OF money, and II is hot ~
~ anywhere in said petition that netg Iat /
~ has threatened or endeavored. nor In"' n
il will endeavor to collect soid m9nner' tb
III II further appears from said netlionna con ON
IN no Injunction Is sought 10 restrain ue,s"
'at ami from collecting said money anu =,
~ further apnenrs from said petition lnat y
purpose 81 tho Injunction Sought Is 70 ii
- stroin the defendant from exeFcIs,nn.S.
duties OF health officer OF the e'N
"a Houston. onts
VA paragraphs 1S and 20 Of said petlLitorr,s nj n,
u the same are merely legal conclusions o.
n are impronrrlv pleaded herein. +o mn
o. Defendant specially eNcepts ~ ~
n graph "a OF said nqtiton In that nsfor
legged that the assumption OF lhe 80 nj
ant 60 net MS health ofocer nnheT are
vision made by the council h,ag,tif
4 the charter of the CITY Of House, mai
mate In case az vacancy. and tu"t -
GLOW defendant to TINS continne !" 4
n form the duties Of health t,,aat,,f,
n proatly and lrreparahlv inlnre w ~ !,
RIGHTS. aud n Is nowhere rhpMn sormaI
n petition In what mnnner the ~ nrev,
81 said dnties Nv this defendhntA ci,
IN niaintjn from exercising the rsps ~
him by the charter 81 the. CITY ~ d
N ton 10 poTnn5fe In case ~. Vh. .s, ahs
n said petition contains no alleen,,upnna Ere
~ ing In what manner plaintiff WIN pe 81