The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1850-06-27
DECISIONS OF TuK SUPREME COUNT


Osesusbcr Term. loAo.
~ Dstrct Courts and Justices Courts have
concurrent Jurisdiction where the -um 90 con
t,osersy j, one hundred dollars, and the PLAIN
IN has the night Ia elect either Jurisdiction 10
enforce h., claim. II the answer ia'i 10 sci
forth all the special matter 90 "yhenee oi 'he
cause of artion. esidcnce Of such matter can
not b. admitted II leave to amend - not
asked for before the trial - gone into thr
.iiir. ha- no discretion lie ha- no authority
10 allow Il then 10 be done. In giving lun-'iie-
ton 10 the Ju.iiccs court the legislature j. un-
der no constitutional limitation. Defendant N
hi. answer may plead as many several matters,
whether Of Law or iac, ~ he shall think neces~
.lry for I'M, defence and winch may be- pertinent
10 the cause irol3si, that be- ic them at the
same time, and IN the due order Of pleading.
W. paper can be considered filed IN the pro-
c~ding- of any cause, unless the cierh shat
have endorsed thereon the day on which II va,
fled. and signed his nam. thereto, (See 81
and 50 Of Law Of TcAa-, vol | page TO-
Loee Il ChayJeH g. Nchpyrc.
l3 A scr,.e - =..ied sesniiors cod d"l.A
crate insult aud pro,oeaiion, j., auder our stat
ute laws OF isi7. T. 80. sufficient cause fot
divorce. without apprehension Of personal 'io-
rrce or bodily hurt From the faffs proven
on the trial the Jury mus, determine whether
they constitute the iniolerable tfestmcu, cou.
tempai-d by the statute, but nor from The
op,aioa Of witnesses. Nisfi'd Shefi,M
II The facts -et forth iH petition Tor man
dnmn- should. on general principles. be verified
hy affidavit Nhefe there j. o substantial de-
feet IA she proof Of the plaintiff rghi, and r--
pc,lally wher, tn, interest. of third party are
involved. the writ Of mandamu- ought not To
b. awarded. even though the officer advance no
defence The statute Of 1870, =. ltl, pfolHh-
its surveys on certificates for headlights, unless
they are certified by the clerk of the county
court where the certificates are issued. or are
proposed 10 be- located Of 10y the tommissoncf
Of the General Land Office, q, having been r.
ported by the commissioners appointed 10 de-
lcct fraudulent land certificates The evidence
required by statute TO authorize a survey upon
certificates must be- produced ou Application iot
such survey. whether made 20 the officer NJ 20
a court before the net can be- done and ans
survey made contrary to the ,rr intent .and
meaning OF the statute, - null and void. The
Commissioner Of the General Land Office IN
ISSUING patents. act, on toe report Of the iuyc,-
tipiiiny commissioners but lhi, does NOT turn-
,h the particular proof on which the surveyor
is required to act Brackfn WIS
10 The wrii OF error, a. recognized by our
law, i only another mode OF bringing up
cause for revision To the same extent ~ upon
appeal stipulation in the follow lng words 90
q contract But in the event the Aforesaid
sum Of money Is not PAID 10 sad ! WITHIN
twelve month, from tins dnir, the Said slave Is
hereby declared Ia b" the boHa fd' property Of
sad r and thi, instrument shall have the force
,aIi,,. a.. ,a,.,,,,.o him, IN d.,,,t the ,,,l,
~ ,.ia,,,,i,a g., ,,,t,. ,,,,l, tn re-.
d..,,, .,..,.d H.. 4. n,,,n,. .ol. ,f the nfop,,rv
I d. ".,, l,',,,,,,, ,nJ., .u,b stimulation
, r. L,,nd tn NIL. n tender of M, d.h,
t.t,,. i,.,,,,,,,., BIZ. amt ,,h,,a the prnp,riy
m l,t.,. a.. ,...,,. ,,i,t. l,t.. IL
-. a,..i.d :, ut. la. ,.. .,nrt he.
i.,, ',,.i .c,s ,,, ,.,d,c,. .,,a,nst him ,b.
cam, ,,u ncyrrtbeles. ,,stpinr the questions
of I,,, and remand where the verdict. have
hr.o ,a,ips, l,U 4 " A. y UrLacl,f,. /
y.,y,epJ
~ Tn. oblealton Of party binding him.
s,lr i, ,h, c,lln,,ip,, word. Mr. W \ W +
w-hss to ge, some dr., good, on time If you
will furnish them, wlI see you pad SO far as to
the amount of three thousand dollars, &c, Is
that Of a guarantor, not Of a principal debtor
Where there Is PLAN and unamblguous dlrcc-
e
subscription, the irsl will bee adopted and con.
troll the latter. letter AZ credit addressed To-
TO ) Il T. viii not support an action by ;. On
the guaranty The liability Of guara' 'or ~
surety, cannot be- extended by Implication ~
otherwise, beyond the actual terms OF the en-
gagemrnt Smith s. Montgomery
II II a misdcScup,on Of a person tends to
msicad and surprise the adverse party, :, should
b, noticed by the court II not, il may be- dl-.
regarded We know nothing Of counts IN our
pmctce-thcy belong to declarations at com
mon law \ petition should not be- marrcd 90
is simplicity By an attempt TO Introduce aud
cngratt upon It the form, known and peculiar
to different system. Our constitution and
laws repudiate the fiction, and many OF the
forms Of the common Law courts. our petition
il designed to be PLAIN, straightforward, state
mcnt of the cause of action, without repetition
or eIrcumocution and We cannot permit the
same matters to BE- again and again presented
by a change Of phrascology' or ifanspos'uon
of words. Nrttsiand " >mth.
Is. II i. questioned whether transfer with
all the form, reoutrrd by a~. would pas, all
tie interest Of the wife m her separate proper.
,y, unsupported by consideration enurng to
herself The separate property If the wife is
liable for her debts contracted before coyerturr
The husband is bound 10 support his wifi, out
of his own property. II able To do 50. without
resorling to her separate property. Ii the nus
band ~ not able To support hi, wife and her
children. her separate property may bc resortcd
to, and made liable for that purpose. II seems
to have been a fayorlte object with the Trainer,
Of the constitution to s,curc to the wife her
separate property and m the 10Th section of
the general provisions, they have provided that