Ward v. Hubbard

Citations

• 62 Tex. 559
• 1884 Tex. LEXIS 291

Syllabus

<p>1. Venue — Jurisdiction.— Remedies are subject to legislative control; hence-an act which gave jurisdiction to the district court of Travis county, before a cause of action had accrued, when that court could not have exercised jurisdiction under any general law, on account of the residence of the defendant and the subject-matter of the controversy, was not violative of the constitution. Nor would the act have violated the constitution had it been-passed after the accrual of the cause of action. Citing McMillan v. Sprague, 4 How. (Miss.), 647.</p> <p>3. Parties — official bond.— Where a statutory bond was required to be made-payable to the state of Texas, but was made payable “ to Edmond J. Davis, governor of the state of Texas,” it was held that suit thereon could be main-stained in the name of the governor for the use of the state.</p> <p>3. Penitentiary, lease of.— See opinion for facts under which a penitentiary lease, which was to continue for the period of fifteen years, was made to terminate at an earlier period, and leaving both the state and the lessees in. the same relation with reference to their respective rights under the contract that would have existed had the lease terminated by lapse of time.</p> <p>4. Statutory bond.— While a statutery bond must in its character be a-substantial compliance with the statute, yet to render it void for want of conformity with the statute, it must be made so by express enactment, or else be a fraud on the obligors by color of law, by an evasion of the statute, or be more onerous on the obligors than the statute requires.</p> <p>5. Archives— Evidence.— Under articles 65 and 2720, Revised Statutes, the inventory and appraisement made under the direction of the governor in resuming control of the penitentiary was properly an archive in the office of the secretary of state, and a copy thereof, properly certified under his hand and seal, was admissible in evidence.</p>