The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-03-15
synopsis of OpiaioSs OF the Court OF
Apeeats al Galveston.


fPrepsred for tho Herald by hdward J Ham
ner OF Galveston
Flynn and McSpaddea VS.. Lynch; appeal
from Fort Bend county. This suit wAs ceui-
menced in justice court TO recover property
valued at $lS5, sequestration boud giyen FIR
200. Defendant relieved by giving boud fer
$40. Held, A motion qua.h the writ OF
sequestra.ion, should have prevsiled, because
the bend should be for ssum OF money equal
to double the value Of theproperty to be
seeuestered. Reversed End remanded.
White, ?. j.
George MePhsnt VS.. the states appeai from
Gonzales county. Defendant was charged
with killing and SHINING oxen. l. was 10
proof ,hat defendant hsd threatened TO kli
the oxen for depredstiug on his erop ana Ill!
do So but then sftorward skinned them ana
carried the hides home. This charge was
asked, "rhat after appropriation 81 tno
hides, would not warrant q ccnVicnoh uhoer
the Indictment unless lie jury believed from
the evidence IN tho csso inst AZ the time OF
the killing there WAS IN tho mind Of the de-
PENDANT an intent 70 appropriate tho oxen or
some pars thereof to his own use" This
instruction WAS refused. Held. II may DO
true as proposition shat tho defendant
NAV have killed tha oxen, and sfterwaru
conceived the intent to appropriate the
hides, without being guilty Of theft" the
Jury should have been informed in unmis.
taxable terms of this legal fact, and this law
shocld have been given 20 the jury separate
and dis met from every other question.
Reversed and emanded. Hurt, j
r. Il. Stafford and S. L Allen vs.. the state
of Texas; appeal from Liberty county
Ono Andrew j. Walker was in JILL
charged with the murder of Green Butler IL
Galveston county. The court Of appeals
having granted him BAIL bond was made
out, signed and approved by the prope
officer in the sum Of $1,000. While We
conhned and without being allowed TO depar
from the Jail, Walker was arrested OF ,
G0pias from Brazoria county. lilo WAS takel
to Brazos county, from which jail he &C.
capped. The case was called against him il
Liberty county and WAS called In Chamber
county to which ii had been removed b
change Of venue AMI judgment nisi entered
against him and his sureties. They app e
and prescn. the question for consideration
Was there auch q release as would bind hi
suretits on she bond for the murder of Bat
leIH Held, The bond was accepted and ap
proved By the proper officer, lnd il the sure
lies were not willing for it 10 operate and
DO in force, they had the right TO surenda
their principal (though in custody ct an
tima before the forfeitufe). Held further
When the bond was preseu!e
to the sheriff, and accepted, approved snC
forwarded 10 the CLERK Of tho proper disiric
court, it became operative with full an
complete binding effect upon tho surelie;
Nor was it necessary to give it binding eifec
that the principal should have been libetate
atall. Held further, All that WIS required t
give it effect, was that the minds Of th
parties met IN and agreed to ito prCsontatio
to and acceptance by the officer, tina. it W.
so presented 70 and accepted By the office
Affirmed. Hurt, Judge.
b. ~ Childress & Bro. vs.. Gust, Heye !
Co.; appeal from Galveston county.
mortgage will not be allowed to intervene ,
claim in suit between other parties
which the title or possession OF property is
issue. The fact that the assignee 10 named
the bill OF lading does not surrender Il
right of the consigner 10 dispose of the pro-
erty consigned. Reversed and remande
Hurt, judge.