Smith v. Brown
Texas Supreme Court
— Appeal from Comal County. The facts of this case are fully stated in the opinion of the court and the arguments of the. counsel. The judgment below was for the appellee, and- he relies upon its affirmance here, on the ground of the unconstitutionality of the last legislature apportioning senators and representatives among the several counties of the state, according to the requirements of the constitution.
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— Appeal from Comal County. The facts of this case are fully stated in the opinion of the court and the arguments of the. counsel. The judgment below was for the appellee, and- he relies upon its affirmance here, on the ground of the unconstitutionality of the last legislature apportioning senators and representatives among the several counties of the state, according to the requirements of the constitution. The presumption must always be in favor of the validity of law, if the contrary is not clearly demonstrated. [4 Dali. 14; 1 Cond. Rep. 211.] • The 92d section of the district court act,…
1Opinion of the CourtJustice Lipscomb
delivered tbe opinion of the court.
This suit was instituted on an instrument of writing, signed by the defendant, in the following words, that is to say: “ I hereby bind and obligate myself to pay Josiah Smith the sum of one hundred and fifty dollars, if he furnish at the town of New Braunfels, by the 6th day of November next, any law of the state of Texas, showing that the next legislature of the said state will be composed of seventy members in both branches, this the 6th day of September, 1848.” The plaintiff alleged that he had performed the condition by the production of the law; the…
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