Gates v. Johnson County

Citations

• 36 Tex. 144

Syllabus

<p>1. The binding force of the Reconstruction Laws has been recognized by repeated decisions of this court, and also by the Supreme Court of the United States.</p> <p>2. It is judicially known to this court that in 1869 the government of the State of Texas was administered by military authority under the Reconstruction Acts of Congress; and that the orders of the commander of the 5th Military District had the force and effect of law.</p> <p>3. The jailer of M. county sued the county of J. for the maintenance of certain prisoners in 1869, who were charged with the commission of crimes in the latter county, and who, by order of the military officer then commanding the two counties, were committed to the jail of M. county for safe keeping. The defendant excepted, because the petition neither alleged that the prisoners were committed to the jail of M. county by any warrant issued by a competent court or magistrate of J. county, nor specified the offenses for which they were detained. Held, that these exceptions were frivolous, and it was error to sustain them. The military authority and orders, in force in 1869, were sufficient warrant for the plaintiff; and as the exceptions admit the truth of his allegations, the judgment of the District Court is reversed, and judgment for the plaintiff is rendered by this court.</p>