THE STATE v. KENNEDY ET AL

STAYTON, CHIEF JUSTICE.

This suit in all material respects involves, in so far as the State of Texas is concerned, the same questions considered in the case of The State of Texas against The Farmers' Loan and Trust Company et al., this day decided; and for the reasons given in the opinion in that case the judgment in this must be affirmed without prejudice to the right of the State hereafter to prosecute any proper suit or action, and it is so ordered.

Affirmed.

Delivered June 23, 1891.