The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-06-12

sonsl property or lands; as tho law OF this
state imposes no restrictions upon the right
Of the wife to own property. Affirmed.
Watts, Commissioner.
Henry vs. McLssr, from G -syson county,
Under evidence which Oh we'd that the
reaper and mower k-iz.d uicer execution
was kind Of maciioe c.mmonly used by
farmers for sgricu! ural purposes, especially
for cutting and reepi'g wntxt, the court
submitted TO the jury, in substance, the in
structiOn that if they fund that at the time
Of the seizure the plant a Who lued below
tor damages for wrongful a,y If execution)
was the head Of family aud farmer, and
that the machine Was an impleme kept BY
him for the purpose If operating his farm,
they should find that the mschine was an
implement Of husbapdry and not subject to
levy; and that if they did not find the facts
which would make the machine exempt
property they SHOULD fGd for defendant.
Held, correct; and held, that the court did
not err III refusing to charge in effect that the
michire levied on was not exempt under
our laws. ind they should find for the de.
PENDANT. Affirmed. Walker, p. j.
San Antonio Gas company We
Karber & Company; from Bexar county.
Though the petition claims more than the
plaintiff is entitled to recover, he is not
thereby debarred from ring whatever
the facts alleged would legally estitle him
to. There is no rule 10 our system which
prohibits the amendment of plesdings en-
lsrgng tho plaintiffs claim, or, indeed,
setting up new cause of action. That the
acts of a corporation evidenced by vote
sufficiently authorizes its agents, IL a princi.
pie which has superseded the ancient and
technical rule that corporations could speak
only by the common seal, is we'll settled.
1t may be as well bound by express prom
ises made through AGENTS as by deed, and
promises may as we'll DO implied by its and
the agents acts as in case of individuals. An
agent of corporation acting within the
scope of his authority may bind his princi-
pals in the same way as though he were the
agent of natural person, the general rule
being that tho declarations and admissions
OF tho agent of corporation stand upon the
same footing as those of an Individual. 1t
was not necessary that the petition should
allege how the contract was made with the
company for gas supply, nor need the plesder
set up his evidence. Allegation that it was
made by the company WAS sufficient to let
in proof that il was mede by their agent.
The authority Of the agent need not have
been shown by express vote or resolution of
the company. Such proof as would be
necessary in the case of an individual, would
be sufficient The court properly charged
that "if the corporation held out to
the public that p. was its agent contracts
witt him in regard to m tiers ordinarily con-
nec,ed with its business the CORPORATION
would be bound" The admission of eyi.
denoe ss to damage sustained by plaintiff
after the period when his contract for gas
had expired up TO the time of trial, was
error The delinquent party is holden to
make good the loss sustained by his delin.
quency, but his liability is limited to direct
damages. In this case the plaintiff could
have bad gas at an increased prics, and the
measure of his damages in an action on con-
tract would be the difference between the
contract price and the price paid. Bey ond
thai, TOR Inconvenience, etc., arising from
cutting off supply on refusal to pay increased
price the damages become too remote and
consequential for recovery. Reversed and
remanded. Quinan. Com'r.
Embree & Keys We Strickland from Bell
county. The record shows that the mort
gage was acknowledged and filed for record
the same day that 1t was executed, and that
all OF the individual account against j. S.
accrued after that time. Held, that tho
mortgage, from the time that it WAS filed for
record, would take precedence OF any sd.
vsnces made after that time. If there had
been written agreement between the par
ties as to the advance to be made, and the
same had been recorded before the execution
OF the mortgage 1t might be that advances
subsequently made under the agreement
would constitute the superior lien. The
funds arising from the sale of the mortcayed
property should, as it was below, have been
applied to the satisfaction of the MOI gage
Affirmed. Watts, Comr.
j. Z. johnson vs. N. X Bowling. Even
though motion to set sside judgment by
default does not set up that defendant has
any defense against the plaintiff, action. nor
excuse for failing to answer within the time
prescribed, such judgment will nevertheless.
be set aside or arrested if the allegations of
the petition are not set fourth with such
substantial accuracy, or with sufficient ccr-
ianly, rs TO inform the court which iude-
ment to render, without looking for informs
ton to proofs not within, or where the pc,
tition shows no cause of action. A Judgment
by default admits every avermenl ia the petit
ton except the amount of damages. Under
our present jury system, the Judge unless a
jury y demsndei,...will determine all neces
sary facts to b. ascertained in order to assess
the damages. That the petition shows no
right in l.. s. Med. to sue" Is not good
ground in motion to vacate a judgment by
def,ult, which appears from the petition
that l. u Med, disclaimNd the ownership or
any personal interest in the cause of action.
and alleged in terms that they acted only
agents OF N. Il Il. ID. and sued for their use
and benefit. That the fetition ''does not al
lego that tho cattle are the property of N. &
X. d. or of L. & Med" will not supper. tho
motion, If tho affidavit contained in tho pe,i.
ton and which was annexed 10 and filed
with It, was so far part of plaintiffs peti-
tor as to allow on general demurrer refer.
ence 70 IL, when the facts stated in il have
reference to allegations contained
in the petition to tho same
facts. Affirmed. Walker p. j,
synopsis of Opinions OF tho Court
of Appeals.
Hewett va. tho state; from Bowie county
Tho prosecution was Cor theft Of ten $50
gold pieces, and tho main reliance of the
state for conviction was the poverty of the
deiende4. previous to the date Of theft and
bis subsequent possession Of gold pieces Of
like denomination. After tho defence had
examined all ofits witnesses, except defend \
ants mother, the counsel notified the court
and county attorney that the mother was too
sick ~ DO In attendance that evening. but