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: 307
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18r75.i DOWNES v. MONROE. 307
The cause was tried before the justice of the peace whose
jurisdiction was limited to "offenses of a less grade than
" felony," and tried by a jury of six mnen, when the law authorizing
the justice to try cases expressly declared that all persons
prosecuted under the act " shall be entitled to a jury of twelve
"men, as prescribed by law in such cases." (See General
Laws, 1873, Chap. 64, Sections 2 and 5.)
The record omits any statement of the jury who tried the
case being sworn; there is nothing in the record to show any
action by the justice on this question, the transcript states simply:
" Came a jury of six men (naming them) who, after hear"ing
the evidence, returned into court the following verdict."
The law under which this charge was made has been declared,
during the present term,* as inoperative, being passed to
meet a condition of things, public and private, which no longer
exists, and as being open to the constitutional prohibition of
embracing more than one object. (Article 12, Section 17.)
The appellant having failed to enter into a recognizance as
required by law, the appeal is dismissed.
Note.-The foregoing opinion was delivered at the Tyler Session of
JAMES E. DOWNES v. A. T. MONROE.
INJUNCTION BOND. When an injunction bond is not sufficient in
amount, the court may permit the execution of a new one; but a judgment
perpetuating an injunction on a condition expressed in the judgment,
that a sufficient bond should be thereafter executed, was error.
APPEAL from Houston. Tried below before the Hon. L. W.
Suit instituted by Monroe to restrain by injunction James
*Shadlee v. The State, appeal from Parker.
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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/m1/315/: accessed April 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .