City of Galveston v. E.B. Kenner

Mr. Cheep Justice CURETON

delivered the opinion of the court.

This is an action for mandamus, instituted by defendant in error, E'. B. Kenner, against thé City of Galveston and the members of its Board of Commissioners, to compel them to establish direct, separate water service to distinct apartments in a building located in the city belonging to the defendant in error. The mandamus was awarded by the trial court; upon appeal by plaintiffs in error the judgment was affirmed by the Court of Civil Appeals (193 S. W., 208), and writ of error was granted by this Court.

The trial judge filed…