Borden v. Houston
Texas Supreme Court
This suit was brought in the county of Galveston by the appellee on behalf of the republic of Texas against the appellants, the collector of customs for the district of Galveston, and his sureties, on their bond to secure to ' the government the faithful performance of the official duties of the collector» The bond is set out in the petition, bears date on the 15th day of January, 1842, and stipulates for the payment to the president of the republic and his successors in…
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This suit was brought in the county of Galveston by the appellee on behalf of the republic of Texas against the appellants, the collector of customs for the district of Galveston, and his sureties, on their bond to secure to ' the government the faithful performance of the official duties of the collector» The bond is set out in the petition, bears date on the 15th day of January, 1842, and stipulates for the payment to the president of the republic and his successors in office of the sum of twenty-five thousand dollars, “ lawful money of said republic.” It recites the fact of the appointment…
1Opinion of the Court
Mr. Justice Wheelee,
after having stated the facts of the-*599case as they are recited in the commencement of this report, delivered the opinion of the court.
A preliminary objection is now urged to the authority of the district court sitting in Harris county to entertain jurisdiction of this case. This objection is based upon the absence of anything in the record to show that the court in Galveston acted rightly in awarding a change of venue.
The objection, in effect, assumes that this court will reverse the judgment of the district court, unless it affirmatively appear that that court did not err;…
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