The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1903-01-09
HIGHER STATE COURTS.
The Supreme Court Handed Down an
Important Decision.
6oOOy MAY BE SEIZED BY CREDITORS
Where Purchased on the lnstallment
Plan Without Getting a Legal Process.
Other Decisions Announced.

81 Austin. Texas, January S.-The supreme
.onrt OF Texas adjourned on the oath OF
4 ,ecctnber 1902 to reconvene January g.
,ftcen DAYS have elapsed since that time
NJ which included the Christmas holt
srs when all the world was at play
H. so with the court. They were hard
A work. and when the session was opened
q nsay the desk from which the court sat
literally eroaned and creaked beneath the
*, eight of the yoluminous records In twen-
n yfour cases which they have studied
"A lille the world around them was frollck.
No. Each of these cases contained elab-
yote records OF hundreds and hundreds
IN printed, typewritten and manuscript
5ages, Of briefs, motions aud petitions ali
Necessary TO give the cases proper stand.
Anr on the docket. TO arrive at just con
Illusions every page Of these long records
"A nd TO be studied, aud the questions Of
nav involved mastered The twenty four
Masses decided were on such a variety Of
&ubjectg, involved such a variety Of ques-
Mons Of law. that, in addition to the rec
BIRDS, almost the entire system Of Juris-
a rldeuce had TO be traversed.
"A one of the most interesting opinions
8uuded down today was IN the case OF the
Alngcr Sewing Machine company VS.. Frank
&rog from Travis county. Ihis case cume
Ap on certified questions from the court
In civil appeals, Third supreme judicial
5flstrict Inc court Of civil appeals Ger
Mlded that tue appellee's cause OF action
9s for damages alleged TO nave been sus-
4sned by reason OF the defendants agent
|&nterng his place of business and taxing
Possession Of a certain sewing machine
(which be had sold him ON the installmeut
sblau, which act damaged his business.
&nong other facts pleaded In the defend
Antd answer, there are aYerments TO the
6Gect that the machine was sold to the
&plgiutin on the installment plan, and that
#here was then due GU the same certain
Flmount which was unpaid \ mortgage
&wls retained on the machine when the sale
swas made. STIMULATING In case The Install.
2nents were not paid as per contract IT
4eould be taken possession of by defendant
without process Of law.
The court reviews the questions very
carefully, refers 10 the law bearing ON
Much cases very extensively aud reaches
#he follow Ing Couciusions
Tie law authorized the defendant to en-
Her the plaintiffs place of business ANA
Bake possession Of the machine without pro
hess Of law and that the terms Of the
leD retained in the sale would be q de-
sfeuse to the plaintiffs cause Of action MS
fnc these words Clearly, unless the
4 stipulation IN the mortgage which purport
Icd to give the appellant the right ru take
possession Of rhe machine upon defauit
hi payment be held OF no effect, its agent
committed no wrong by n peaceable seiz
spaying the debt The stimulation Is valid
7nuioss it is contrary 10 public policv
Freedom Of contract is the ruie. sub
Beet to the exception that party cau
bot bind himself 10 do that which Is by
slaw prohibited or declared to he Illegal
,or which is mauifcstlv detrimental TO puh-
1llc morals or tic public good -
This opinion of the court will he road
bNith great interest Inv almost eyei.y pioun
ifuPniture and sewing machine dealer In tho
ssuch arms is done on the instolImcpt Man
with stipulatjons I'm mnrtrogeg r. 81 ,,,r,
deferred payments
Another opinion was handed down Inv tbe
,court Of interest which was also nrescptcd
iDn certified questions from mo conn ~
sdv appeals The stvIe Of tho rase is
ltha Fort Worth and Rio (,raudo Railway
COMPANY aupcllnut vs. inc SoutbWaete,,i,
7feleEraph and Telephone Commune an
speee from Brown county This is con.
ldemna,ion proceeding instituted Nv onnollre
ieaiust the railroad companv ana result
ng In a Judgment for fbs telenGopp CON.
lpany
The piautif AYERS that II Is a corrora
ZION authorized to nvru ana onor"4o - lraI
road Ia Teyas with cort9ir frtncbisae 9rd
duly chartered for tbuf nurnose 'u'
- question lnVolyed IN the case is,
be right 70 b1fd and operate itp ' iIne
along the right of war ~ tbn railrood
md condemn the railroad propertv FOR tbis
purpose The court saws The bistorv Of