Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1913-04-24
CIVIL SUIT IN
DISTRICT COURT
CAUSE OF CITRUS FRUIT AND DE
NELOPMENT Co W. L. A. McGARY
Ell AL. DISMISSED AT PLAIN
TIFF'S COST.
In TWO OTHER IMPORTANT SUITS
CONTITANCE ASKED ATTOR
NEYS CLAIM NON-JURIDICTION,
ACCOUNT OF COURT BILL.

Y Three cases which had been set for
trial in the district court for Yesterday
morning were called when the court con
vencd at @ o'clock.
The first, that Of the Citrus Fruit and
Development company against i. A. Me-
Gary ct A.. was dismissed at the plain
tits costs. The suit which was inSti-
tutcd To set aside the sale Of lands has
been on the docket for some time. The
plaintiff was represented by Judge Noah
Allen and the defendant BY the law firm
Of Graham. Jones. West and Dancv and
Eentfro and Cole
The second suit was postponed until
This afternoon, in order that the defend
ant might have time TO draw up a prop
er motion for continuance and the iury
was dismissed until two O'Clock this af
tern0on. This suit il STYLED A. A. 81.
Claire vS. Roscoe Stephens ct A.. and is
z suit to enforce resulting trust. i'm
which the plaintiff sues to recover lands
from the defendants.
The plaintiff. bv his attorney. Judge
Allen. alleges that ne advanced $1,000 ia
the defendant with which to purchase
property for him in san Bento. The
defense admits that the plaintiff did
furnish him money for such Il purpose.
but claims that the parties Of The first
ard second part had entered into Il con
tract whereby the defendant had agreed
IL come to san Rent0 and take charge
Of the property holdings Of the party of
the first part and work on the property
for i period of five wears He further
alleges that Mr. st. Claire then disposed
of his other holdings and entered into
verbal agreement that aS he had caused
the party Of the second part to leave his
home in IndianopiiS, Ind. ana come to
San Benlto the party of the second part
would bc allowed to hold the property
which hc had bought in San Bcnito.
The attorneys for the defense. J. II
MothcrShead. Graham Jones. West ard
Dancy. asked that i continuance ~
granite daS Mrs. stephens. one Of the
parties in the suit was i'll and unable TO
attend court The plaintiT asked that
the Suit be tried. as the defense had an
nOunccd when the docket was called hat
he was ready for trial.
The third suit was from the nOn-iurv
dockct and is suit on promiSSory note
IN Wlffch the plaitn is Hiram MoSlcv and
the defendant J. NJ. King. a. K0walski.
attorney for the defense. again asked The
court Tor a continuance, though similar
motion had been Ovcrrulcd Wednesday,
Mr.. KoWal>ki was given until , O'clocl,
this afternoon to cite an authority for
a statement that he had made i'm his
motion for continuance. Mr. kOWaI~ki
raised question This morning which
will probably come Up often ut this term
Of court, the question as to whether or
not the court has jurisdiction over this
case. The attorney pleads non juriSdic-
ton, claiming that the bill had been
passed IN both houses of the legislature
creating the 18th judicial district. which
was not returned by the governor. be
came operative by the constitutional linn
il, ~ the bill carried what il known ~
the emergency clause.
The question of jurisdiction is one
freely discussed bv the ATTORNEYS i'm at
tendance on the court and large mum
bcr of them are of the opinion that the
bill has become law. If this should he
the case. the fact that this court had no
jurisdiction will count for Il sufficient
ground Of appeal in all cases tried before
the court