The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1916-03-04
JUDGE HAWKINS REM y u ;
JUDGMENT ~ FAVOR Oh THE
CITY or ENNIS.
ROAD WILL APPEAL
Case viii Probably BE Taken Up. but
Restraining Order l. I'm the Mean
time Pcrpctuated by the
Court.

the arguments on the judgment TO
be rendered in the City Of Ennis
versus the Houston and Texas Cen
trail railway case. in which july
found for the city OF Ennis on spe-
eial issues at the expiration of a
trial which lasted for three weeks
in January. Arguments were heard
yesterday and Judge Hawkins Last
night found for the plaintiffs ana
perpetuated the restraining order
which keeps the Houston and Texas
Central road from moving its di-
vision headquarters from Ennis TO
lMexia. The judgment In part reads:
This case coming on for trial
ION the tenth day of January and a
Jury of twelve men having answer
led The special issues submitted to
them, which verdict was received
land approved by the court and or
ldered filed as part of the record
IN the Cast, anu TIC Noutt WINS -
the opinion that the Houston aud
Texas Central Railway company -
! in law bound as maker OF the cor
tract sued on by plainEiffs, and Is
lobliged to perform the same; that
! the citizens of Ennis have in ali
things complied with their obliga-
hn q rd n
/ titled to demand of said railroad
company compliance with said con
| tract. that said railroad company Is
about to violate the same. by reason
whereof il is proper and expedient
! that said contract be decreed TO be
| specifically enforced by said rail-
road company, and that said rail
| road company be enjoined from VIC,
Hating same; that w 4. Costello is
likewise liable to plaintiff herein;
that none or the special defenses
Iof the railroad company are WEI
taken, and that the same and eaen
land all or them, including the plea
Ito The jurisdiction and the plea Of
privilege, should be and are over
lruled. to which said defendants each
accept and that the law and the
facts are for the plaintiffs as claim
ed in their pleadings, and that plair-
tiffs ale in all things entitled 10
the relief prayed for.
1T is accordingly ordered, add
/ Judged and decreed by the court
THAT the contract sued on by plain
itiffs. the City Of Ennis. munici
pal corporation. p. Freeman, ]. c.
] Loggins, j. Baldridge. L. Cert and
\ j. Rlakey by, and the same is here
/ by perpetuated and established, AMI
] that it be. and the same here
lby is adiudged. declared and do
creed TO he the contract oil the de-
PENDANT, and binding upon it and
with like force and effect as if mad,
/ directly by and in the name Of the
Houston and Texas Central Railroal
4 company for valuable considera-
ition received aud that said railroad
company, ITS Successors and assigns,
40 now and continuously hereafter
in perpetuity specifically perform
said contract, in all respect accord
ing to its terms. 1t is ordered that
the said railroad company, its sue
oessors and assigns, do now CON
itinuously hereafter keep and MAIN
tain in the city Of Ennis. in Ellis
county, or upon the lands in
lsaid city of Ennis, which are deacr0-
ed in the foresoing contract. in per-
petuty. its division headquarters,
machine shops and roundhouses. for
that portion OF its railroad system
which compeses the former middle
division OF said railroad company.
81 comprising and including the
departments, facilities, employees. or
gaaizatiou, otc"
Il is ordered by the court that
W. f. Costello be restrained from
procuring or attempting to procure
la breach of the railroads contract
with the citizens of Ennis. and that
all costs Incurred must be paid by
the defendants
TIE defendants were granted the
right to apply to the court for
modification OF this decree if the
public at large is being substantial
il injured by the ull enforcement