Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 185
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1875.] ARMSTRONG v. PArC IIMAN. 1S5
is a party to, or interested in any suit pending in the courts
of this county, or where an affidavit shall be filed with the
clerk of the court of the partiality, prejudice, consanguinity,
or affinity of the sheriff of the county where suit is brought, or to
be brought, the clerk may issue and direct the process to any'
constable of the county, who shall serve the same in like
manner as the sheriff should do (Pas. Dig., 995 and 996).
Under sections 18 and 21 of article 5 of the constitution,
any constable of the county is authorized to execute any process
where the sheriff is from any cause incompetent to execute
the same. There is nothing however in either of the
statutes, or sections of the constitution referred to, that can be
construed as authorizing a person styling himself a special
constable to execute civil process issuing from the District
The service not being made by an officer authorized by
the law, the judgment is reversed, and cause is remanded.
Reversed and remanded.
W. ARMSTRONG v. W. M. PARCHMAN et al.
1. WAGER ON HORSE RACING.-In an action to recover of a stakeholder
property placed in his hands as a wager on a horse-race, the terms of
which were reduced to writing, in the absence of allegation and
proof that the rules of the turf entered in and formed part of the contract
to run the race, it is error to instruct the jury that the decision of
the parties selected to witness the race and announce their conclusion
on the relative speed of the horses is conclusive as to the question
whether the race had been fair and as had been stipulated between the
parties; the question of fairness should have been left to the jury.
2. RULES OF THE TuRF.-The court will not take notice of the rules of the
turf without allegation and proof.
APPEAL from Bee. Tried below before Hon. D. D. Claiborne.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/193/: accessed October 21, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .