The Morning Star. (Houston, Tex.), Vol. 5, No. 535, Ed. 1 Saturday, August 5, 1843 Page: 3 of 4
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captain andmate of
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nor answering judgnent went-agajnst him by default.
if
. sale of a guccession,the Court ol Probate has no such ju-
risdiction. as would authorise it in default of payment, to
and H. .
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r.id
Barr, Robert, Administration Mercer, Misa Elisabeth
Mason, Samuel W
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Yet the buccaneer
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dense Bran
nest of robbers and picatea —Cinciniudv .
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defendants with a copy of the writ and petition by leaving
the same at his house, and the de fendant neither appearing
Page, Solomon
Aierpont, W’e
Rhea, WmB .
the a lid judgment—Ibid ,
On pettion being filed in the office of the Clerk at the .
D.strict Court, it ig his imperitive duty to issue the cita-
. lion prayed for therein, and he cannot demand security
for costs uulil aftePthe return of the process —//*/■, vs I
+
Stalleons, Henry
Stansbury, Thos J, Capt
Simonton, Henry, or The op
__•hius
Gann, William, care of Doc Str phen#, Eli A
in* iitibi with th- discharge of the duties
urti-. tne si'll* will be thereby vacated.--Beaslry,vs
ng my absence
?L MAAS*
We are authorisedtoannannce Got JA MES s. MAY.
D, as a candidate for Major-General of Militia, at tbe
eection in September next julyefidawurte399
e .
render judgment and issue execution on the said bond.—
The District Court is the proper tribunal to resort to, hav-
inj exclusive original jurisdiction in the premises — Kent
Aim'r. vs. Kelso, Sheriff
Applications in Chancery for rehef against judgments
rendered at law after issue joined, wilt be viewed with the
strictest scrutiny.—Somervell, vs, Cavanah.
The sickness and other misadventure set forth in com-
them a prospective action, afe icting causes only arising
subsequent to their passage; and all laws having a retro-
spective effect on the rights of individuals, are, undev our
constitution. null an void-lid.* >. H rwarenthoriseatPknnduncep.aRAv
l he party having neglected to resort to his remedy by date for Representati * 5
appeal, (the only exciting "enr ' ‘L hafit — -2 C------ -m--i
lion of judgment, cannot have the benefit of a w r it of error, j
such a judgment or rebut the presumption that the ume
was rendered. — Ibid *
ft iss well established rule of low, that the judgment
of a Court of competent juridiction is conclusive of the
rights of the parties until ee same be'reversed or vaeat-
ed —Ibid
The judgment of a Court of Probate establishing a will,
no action can be iastituted for tne purpose of disposing of
the descendants' estute, according to the laws which regu-
late intestate successions until the revocation or reversal of
I:
Under the Common Law the granting of euerstesth-
mentary is conclusive proof of the probate of n wilt-
.)ennison, Counsel, l-e , vs Ingram.
Where the proceedings m relation to the probate of a.
will are governed by the laws in force in Louisiana, it is
not absolutely essential to the validity of a judgment estab-
lishing a will as duly proven, that there should be an or-
der in express terms directing the will to be carried int
execution—Ibid.
Where it appears from the. record that the- Prohate
Court received evidence as to the execution of a will, that
the same was filed and recorded, that letters testamentary
were granted for the purpose of carrying the same into
effect—-the willmust be recognised as having brenallow-
cd and established by the said Court—and the informali
tiesand irregularities.which may appear in the entries of
Stevs9a Jf Wotj
Where nneleetion for the seat of justice of a county j
• july13d&wtde-398-
PROTECTTON FfRCOMPANY,NoT--
VOU are hereby notied toauend a iegujar monuhly wasf.
I ing on Monday, the 7th inst., at 5 o’clock, P.M . Alse a
monthly meeting at half '7 o'clock, P. M, Punetnal at
tendance is requested. By order ole, i F. RANDEL,- •
A J. Beamc, Sec y. aug5dit. ____Foreman,
OR n IRE, a Negro man who has been employed as 2d En.
£ giheer onboard of various steam boats (fdrfite yeqrsay '
running in ihe rivers of the South and West in the United
States: Also a man cook Appiv at the store of Jas. Bailey,
Main St., for partienlars.
Howon, August 1st, 1M3.» , aug 3d 12:
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y
F
4 Neville, Frederick A
l r Captain WM N. BRONAGH of Harris County, for.
| wetly of the United Stmies Army isa eandide for Major
General of Texas, at the eusuingFetion. . ,
asTc“dsankenopokepdeneanhdvzosiSone AnE8 MORGAN
juldavd 59951 "e* gc-
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f
From.reading the above article it will be seen what use
istromenis. xhenever made the fouudalion of an action,
suould al wax s be produced on the bial, nod filed atshe
rendiction of the judgment If re uired afterwards for
other purpses, permission to withdraw them can, on mo-
tion, be obtained by leaving copirs on file, and the motion
beiggentrred of tecord-Ibid. se
nterest is to be paid on coutracts aco.ding to the tew
( of the place where they are to be performed—TruM,
A in r Patton pnasa
Tne judgment of the Court below, will be reversed,
where the verdict of the jury is irreaponsive to the evi-
dence.—8ims,.vt‘Price
There is de tetter seued doctrine than that an executor
or adesinistralar cannot contract a debt io bind the estate ,
ot the decendent, and the mere addition of the term, execu-
tor of----it to the name of a maker of a tote, impo-
era nobligationon the plaintif, to 80 describe him in hie
petitog —fhKsnsUp. vs Pours 4 Lewis
Where a note is made payable to:). McKinney, goer
dian of the heirs ofW. C. deceased, the,tecms."guardian
of the beirs of W . d^wd "aje ' detc riplio personae,*' r
and D MeKmney may sue as owa name —Ibtd. d
The residence of a puny at the period of the institution
of a «iit .deermines the jurisdiction.—-Whiting, 8. Brio-,
mint of slavery, against nil marauding parties, and in
favor of an industrious cultivation of the soil, as the best
Huckabee, James
The Vresplin 1
but the bravery
. ",
which is applicable only to cases adjudicated since its in
troduction.—Ibid. . . ।
Where no notice of.appeal was given in the Court be- .
low, nor was any bond filed, there is no foundafion for the
exercise of appellate jurisdiction, and the case will be dis-
missed.—Ken n}, vs. Manlove, j •
./ The Court has no power to compel a party to take a i
" nonsuit, and should the plaintiff persist, he has a right to :
submit the cause to thejury.-MeGill dr Wife, vs. De '
Laplane ' -
The act establishing the jurisdiction and power of the FI EL
District Courts, required the personal service of all process, j
and where. during the time that provision of the statute
continued in force, theShriff returned that he sered the
I Hr Weare authorfted to annoumnce Coc. SYDNEY SHER-
MAN of Harris Cojnty, asa candidate for Major General, at
the election i Sertember next juty 19d&wde 398
1rWe are athorized to announeejthat Genl MEM VC AN
HUNT isa candidate for Major General,atihe eleciion in.
Septembei hext ' ’ july 19 dwde -398
• '■ i
’ This Cour cannot entertain jni isdietion of a case unless
tin fjadgment has be en render d in the Court below- and
turrfis- vherethere the jury hie found a verdict, bet - • r ;
in i. n aignucerouinenpp-al witbedismised. Sama Anna, to adopt the policy he had.
‘ Hehnd noiden at6rt, of disobeyjng the order of h
tiving prscrihed that the judgmruts rendered on such government.
Cloud, J W ’ ....... .....-
Clark, Dan’ or Morse, Wm Ross, 0 car G
promsloru, puvueu cuis were uuuse. ou mat toe Cochn,CO,, o Runnls, Jesse Miss
which Moore sought to make in the affairs of Cone, So ph A E, Mrs 2 Scott, John qh -
Collier, Henry H Smith. Jackson
H, care of Jas Smith, Archibald
Smith, John D
Smith, James
Apr von who 631a, ihe situation of Trustee for both
rohaactngpares if not anborized to represent in Court
-ospventpolope inLopposition-0thesmee
i hs l g itimate mehod of conatroingeplatute laws is to
may do it. they seek (and chiefly through New Orleans
papers, which have the largest circulation in Texas,) to
produce an effect upon the people of that country. For ;
instance. President Houston, we learn, is for the abolish-
he has been a’reformed man, and has done, and is doing i Harrill, A W,
all he can to etablish order in Texas, and to put its inde- Harden, Gen l
pendence uppn stable grounds Let us not weaken bis | Harrison, John A
influence by spreading rumors which are started for selfish Healey, •obn
’ ends, and which if successful, will convert Texas into a Henry, John
II --- _i --Li-----4 c--2—a: Hanes, Green B
Hubby, Caled M
Hutchinson, Hon. A
he pirates with buPowdeoha carried-lna Russian vessel
into port, was then introduced to the Emperor, who im-
medtatsly made hima midshipman in the’Imperial Na.
vy, and from rnk to rsnk,.by sea and land, he has grown
& edtek and risen higher and higher, until hahas become
witha hardname, and Lord High'Admiral fof
pH theCossaeke—N. V. TrvtSnn -J
. _____hi.....I ■■■ .....wish i,
FOR RE PRESENT A TI YES IN CON J^E^
Kelly, George S
Kizer, Benj. T
Lewis, Capt. Robt.
Lott'Juhn W, Doctor Wister, C E
. Ward, Solomonse jB
p- Persons calling for the above letters will please
say they are advertised, . •
july 4 d3 GEO. STUBBLEFIELD, PM .
i -7—' j. Lfcff > eoT7 .
VKTOULD respectfully inform their friends, and the pblic,
W that they are opening a splendid askorment of sench ,
below the Drag store of Drvan MMaip Sireef consjeting
in part as follows, vis: fine Frepch calicoes do white fanuels,
black and white silk and cotioh hose, black and colored silk
gloves, ansoried silk yesting and ervats, mantillas, shawis,)
worked capes and collars, silk and rotion umbrellas, Honaud
atmtsreamastas
Gaston, July 181h, IMa july i8dau3m3bs
"j" V"M S".‛ see “.1** V* •.5" *5-93 V- ItUIJI >
that city proceeded the first outcry that Houston had been
bought up by Bitish gold, and the last and still more
absurdone,that he had been bribed by the Mexican Chief Bee, Hamilton B
ca Aig .0 ______ _____ a L . J Vaerlarcp (InA. P
phinant’s petition, would haveconstitnted sufficient ground
fir relief, nd the pariy beeu whoHy uurepresentedat the
liiel of hisicase.—ibid.
Illegality of consideration, unless it has been expressly ।
declared by the legislature, will be no desnce i an action
al ihu suit c a bona fide h >1 der without notice of the ille
glity, unless he obtained the bill afier it became due-
j "nrn".k,. ----- ------ .w ---- ... - v<
, d Texas, and which he and the commissioner pleaded as an .
excuse for his conduct, was caused by these gilded reasons, •1 Chevgibe, M
and the booty had so much, or more to do with his course, D T DoVF
Deck, W M
Dougherty, William
Fitchete, Miss Mary A
eyeii,a, d,, (vp.”;t,7
"2„=m=me
E
u.—-
Ar.a. I
g- —as p eandi.
"" "5 --J / yaM yr nepresemauve in the 8th Congress from Monigomer
e,)al the period of the rendi- jj ’ rtunty, atthe ensuing election in Sepiember qest
• "ha henafnf " "--fare july 26 akw-399
FOR MJOR-GNERAL.op MILITIA.
tbe abolition papers throogbout the United States, are
making of the materials which have been fornished them
by the Anti-Houston papers in Texas and New Orleans
Tbe Editor of the Cincinnati Gazette, by occasion ally
enterspersing his composition with well known facts, no
doubt, expects"torcreatetbe impression that alt he has said
is trpe. But in order to save the editor of any farther
trouble, we feel authorized to assure him, that General
Houston wants 00 more of his eulogies. Ard as regards
Genfret Houston and all the orderly citizrns of Texas,
being fivorably disposed toward* tbe abolition of slavery,
’we have oolylo sa to the Editor. Chat he should have
more regard for himself than to make assert one without
keeping “probability in view." 7 ,
We do not pretend to be able to state the motives which
.actuated Com. Moore and Oommissioner Morgan, in vio-
lating the orders of the Executive, but thi ranch we can
say, if their only object was to plunder the Mexicana and
enrich themselves with spoils, it was equally laudable to
that which actuated the editor in pendiogthe above articte,
__________(Kodt^r.
Count Zihzechof.—Ongofjthe mosidistinguished na.
miral in the Prussian navy, is Count Zinzechok, who is
n native of Meredith, New Hampsbire, and whose real
name is Thomas F. Williame, According to an account
published of hian in she New Hampehirepnpers it seems
that many years since he went to sea beforeshe eail-
ing betwern Boston and St Pet 1
... „ .. u,. .... . ..._____ Barrister. Chas B Moorehouse, Gen" E
The same causes explain the conduct of Com. Moora, Bains, Doct. Whitaker, 2 McNulty, James G
____, ' C, .9 Bigelow, Charles 2 MeKindsey, William
Both he and the commissioner knew that Birdsall, Maurice L, Doct Nabb, S F
• . - Blandin, Anthony
Briscoe, James
'r- ----e-------——----
duce such fear as might move a mao of ordinary firmness 4 The statutes passed at the sessioh di €ongress in 1886, 1
t > the execution of bis deed— ibid “.tuu‛. ’ I in reltin to the meant by whjc h a cause might be tans-
ferredfroan an inferior ma superior Tribunal for revision,
are based upon the Constitution-of this Republic and the
Spanish. Civil La xv as in force in Mexican Confederacy asi
the fondamental lairs of the land ; and to these must we
look as the guide ol our decisions when the statutes are si- [
lent, or as the rule of const ruction when they are doubtful.
Ebid. ,, * 1
Appeal was the only mode of bringing causes to rhe
Supreme Court at the period of the rendition of judgment,
(Nov 1836) Statutes should be so construed as to give
i ] C. CAMPBELL, Esq , is my general Attorney,
IL. K. Hardy, Esq-, ms special Attorney during my
from this Republic. ___________
Hoostnn, August 1M, 1843. - . aug 2d3t-w3 400 •
• |QT opggrrppg--
• Remain angin iae Pom 31 J,,
sorts of attacks are made upon the President and his friends, . •°4s
who are chiefly well disposed and orderly men; mdein Allard, Monsire. Y. B 2 Lipscomb, A S Eeqr
the first place not in Texas, but New Orleans;- for from ‘ Algiers, Ann Mis Lindheimer, F : 2 •
, Armstrong, Edwin Mercer, Miss Elizabeth
0 f
McCreary. -- ’ ’
Where a bond has been executed to secure the payment —............... -vu--ugu,et. uy uus.
of the purchase money due for the property bought at the 1 The defect is fatal, and the cause must be remanded for a
sale of a guccession, the Court ol Probate has no such ju- new trial.—Maiden, vs. Faris Brorendp Co.
*• - - —-- 1 — L----2- A-f.l -f--------- — ’--,
The chief difficulty in Texas .arises from, the fac-
factious temper of certain men in the lower country, that
is. around Galv. ston They are, for the most part, specu-
laiors They care little what is done, so their interests
are advanced, but the moment these are touched, whoever
1 ■ j
2
L
a mouaummumnne
a yvls in the MISLrICI Uouits snous i ve una, no- ruriner 79 ■f . 4
ippou 1.., undei tbat law to thi, uuun Patterson, I war were made pirates. But certain I
r. D j / . • property Yucatan and wishing to make it available,
w Becalerk ot a’Court neer r> na Hffie which is offered so pay theexpenses. (andino doubt addedla I
• ' ■ • „( uis foimer t-thereto) if the Captain or Commodore, would sail for Cam- 1 -henars Samuel
I peche hnd destroy the Mexican navy. It is well surmised,
that the people at Yucatan, offered to increase the sums
paid, or promised, provided this were done. So that the
Wood, George T
Weigand, Mr. .
Williams, Eli - ” '
■I ■
with the fundamenta
mun geccesarily he
hi- lit-1 hi 11 according to law, anl thm place elected -
w t in fie inil s <f the centre, the election wilibe ralu—
an l ifo- pl ice chas-n will be tbe lgal county seat.—dbed.
I‛n- vant ot 4 bor) where a wrirot injunction has is -
... d .... hul ..II vititnte »n the proceedings than love for he weai of Texas.
. b qduttoiorderfor,a writ of lnjucton -H.f. » I Captain oand Commissioner, are applauded M if they
ry n ■ were real her ora in the cause of liberty !
AlClhtary appesrance supercedes thenecessity of ser- Ourcbiefobjectjust now in tuching upon this subject, R„ceG-te
fprocnss ihicb is intended to procure an .pp.ol.nce. i,t disabusetke public mind .wnh regard, to Houston. ErieteBarha1e
WhBte the record stntesLhatihe detendunt ‘appeared by „ respect for hi.ebt.r.d...' But, for the past year, leam
auiqney, withdiew his plea and said nothing in bar or pie- H
elusion ot the plaintiff's right to recoyer, we must believe
t sat the paily appeared and consented to the judgment.—- r a . - ..
rb;i ’ • influence by spreading rutpors which are started for selfish
Stead, Andrew W 0
Secretts, Washington •
Summers, Rev TO. 3.
Terry, Mrs Mary
Toomey, Willism •
Torapkwis, John* -
Van Hagan, John
Van Giesen, Maigarett
Wade, William ‘ ,12
. Wakker, BC - tm-sa
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The Morning Star. (Houston, Tex.), Vol. 5, No. 535, Ed. 1 Saturday, August 5, 1843, newspaper, August 5, 1843; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1497951/m1/3/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .