City of Laredo v. Martin

Citations

• 52 Tex. 548
• 1880 Tex. LEXIS 23

Syllabus

<p>1. Jurisdiction—Injunction.—Under the Constitution of 1S7G and the laws in force, a writ of injunction not being a process necessary to enforce the jurisdiction of the Supreme Court, could not be issued by that tribunal, as an original writ, to restrain a party litigant during the pendency of an appeal.</p> <p>2. Jurisdiction.—The jurisdiction of the Supreme Court being appellate only, it lias not been invested by the Constitutioh witli such general powers as would enable it to protect parties litigant from damage during the pendency of an appeal.</p> <p>3. Appeals—Interlocutory judgments—Jurisdiction.—Though the Constitution provides that appeals may be allowed from interlocutory judgments of the District Court in such eases and under such regulations as may be provided by law, no appeal lies from the action of a district judge refusing an application for injunction, (if the same could he regarded as an interlocutory judgment,) in the absence of a statute regulating the proceeding.</p> <p>[The foregoing was announced in an opinion on a motion for injunction, delivered January 17, 1878.]</p> <p>Opinion by Chief Justice Moore.</p> <p>4. Franchise—Prescription.—The evidence showed that the city of Laredo had maintained a ferry across the Eio Grande for a time beyond the memory of living men : Held, That it would, in the absence of other evidence, establish the franchise of a ferry by prescription.</p> <p>5. Franchise—Ferry.—The right to establish a ferry was conferred on the city of Laredo prior to 1780, in the “ Vicita-Gcneral,” at the foundation of the city, under which the city established and operated a ferry continuously : Held, That the right of the city to maintain and control the ferry was not abrogated or annuled by the Constitution and laws when its inhabitants came under the government of Texas.</p> <p>G. Same.—While the power of the State to divest a city of its franchise to operate a ferry obtained under the laws of the former government might not be d