The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1903-01-08
Third Court Of Apnesls.

Austin Texas, January The court Of
civil appeals for the Third supreme ju.
dicial district has worked with great in
dustry during the holidays and since the
last sitting and has transacted great vol
ume OF business. II the session today
the court handed down twelve lengthy and
elaborate opinions, brief synopsis Of three
Of the most interesting Of which are the
following.
An elaborate opinion was handed down
In the case Of Joseph McNulty ct al vs.
Francis A. Wilson, from Robertson Ap-
pelle filed suit in the district court Of
Robertson county ia December, 1900,
against Joseph McNulty, Mary E. Bishop,
appellants, Margaret r.. Horton aud = A.
Horton, W. T Gnlstrap, TO recover pos.
session Of and 10 partition 3l2 acres OF
land, claiming title interest as one II the
heirs Of his father, Joseph McNuty, de
ceased The history Of the various trans
the court from 1858 to the time this suit
was instituted in 1900 the proceedings OF
the district court OF Robertson county upon
which the court bases its conclusions in
the opinion handed down today, closing by
saying: The facts Justified the conclu-
sions reached by the trial court, which we
was correct in its conclusions OF law. We
md no error in the record and the judg
ment is affirmed "
The State OF Texas, appellant, VS. James
triet court Of Travis county This case
involved the legality Of certain commits
slons retained by appellant OF fees col
ected against various corporations tor
violation of the auti-trust statutes OF 1895
and 1891 The complete opinion OF the court
In this case Is, The only question in
volved In this appeal Is decided hy the
supreme court upon certified questions; and
in accordance with that opinion the judg-
meut Of the district court Is reversed and
here rendered for appellant Reversed and
rendered
The following proceedings were had:
Affirmed: Missouri Kansas and Texas
Railway Company OF Texas VS.. Seley *
Early, from McLennan; J. NJ. Bedwell ct
international aud Great Northern Railroad
Company vs. ]. w Nelson, from Wilton
son; George w. league W. W. j league,
from San Saba; International and Great
Northern Railroad Company vs. j. Z. 30
hanan. from Williamson: Mrs Jennie
| league vs.. ], II. Lindsey. from san Saba
J. A. McAnulty ct a vs. Francis A. Ellison
Harris from McCuloch.
Reversed and remanded: Z. f, Cammaci
IS, Jennie Rogers ct al, from McLennau.
Company VS.. Il. S. Kilgo, from McLennan
| Reversed and rendered. The State Of
! Texas vs. James p. Hart, from Travis
Rehearng refused; Julius Tobler vs. +
| al rs. Nose Benson, from McLennan.
! Granted st. Louis Southwestern Raft
| way Company OF Texas Us. T. S. Sibley
| from Hunt, 10 issue mandate on pauper''
/ oath: j. l.. Dowdy VS. First Presbyterian
Church Of brentwood, from Brown, ia
/ affirm On certificate,
! Oyerruled Joseph McAnulty 81 al vs.
/ Francis A Ellison, from Robertson, Il
| strike out brief Of plaintiffs in error: samt
case, 10 strike out transcript and dismiss
| writ OF error.
| Submitted for rehearing; James Wal.
raven ys. Farmers and Merchants Ma
| Company vs. r. F Krchhain, garnlshee
! from Falls; Charles Laufer, Jr., et al vs.
| Layins Powell ct al from Bastrop: Inter
| national and Great Northern Railroad Com
/ pany vs. r. A. Clark, from HAYS: samue
! h. Rountree vs.. Mrs. c. Thompson ct al
| from Liano: Cooper Grocery Company -
] CITY Of Waco from McLennap: Interim
tionsi and Great Northern Railroad Com
! psny vs. Mrs. a. NJ. Bearden et al, from
! Williamson W s. Heard ct al vs.. Rugt
Thrasher ct al from McLsnnan; II ~
| edwards et al VI, c. j, Anderson ct al
from McLennan, two motions, one hy Az
rsilant Edwards and one BY Intsrysnol
submitted; James wLTsysa Va Farmers