Western U. T. Co. v. State

Stayton, Associate Justice.

The nature of this action and the several steps taken therein are thus correctly stated in brief for appellant:

“ This suit was begun August 28, 1880, in the district court of Travis county, by the state of Texas, for the purpose of recovering from the Western Union Telegraph Company the taxes (one cent *631for each full-rate, and one-half cent for each less than full-rate message sent over appellant’s lines in Texas) fixed by article 4665 of the Revised Statutes of Texas, for the quarters beginning October 1, 1879, and ending June 30, 1880.

“ The company defended on the…