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To the Honorable Mayor and City Council;

Gentlemen:

With reference to the case of John W. Herbert vs City of
Fort Worth, I have the honor to report that my bill of exceptions in said
case has been duly filed, and that it would now be proper to file an
appeal bond in said case, were it not for the fact that the State National
Bank at the request of the Council has paid to the said John W. Herbert
the amount of the said judgment and has taken an assignment thereof and
has had turned over to it the coupons held by the said Herbert and which
were represented in the said Judgment.

In my opinion such action precludes the possibility of having
the said case heard on appeal, for the such action in law is an abandon-
ment by the city of its defenses and of its right to be heard on appeal
should be the point be made. Therefore, in order that I may be put in
the proper position with reference to the said cause, I request that the
City Council instruct me to take no steps looking to an appeal or the
said cause. The mandamus suit will be dismissed at
the cost of plantiff by agreement

Very respectfully,
E.C. Orrick