Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. Brous

(Concurring) — I am unable to agree with what is said in the majority opinion in this case. It has always been my understanding that sections 1754, 1765 1766 and 1767, Revised Statutes 1909 are applicable to justice courts. It was so held recently by this court in the case of Burrell Collins Brokerage Co. v. N. T. Central Ry. Co., 219 S. W. 105. The above named sections prior to the revision of 1909 appeared under’ the chapter dealing with private corporations and not in the one dealing with the Code of Civil Procedure. [See sections 994, 995, 996, 997, R. S. 1899.] In the revision of 1909…