The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1881-02-24

erss she Judgment Of tho court on sup
aeei error IN tho charge " The court
( Affirmed WinkIer. j.
n j. Wills IL Bro, VI. w. r. Turnkey a
! Bro: appoaI from Galveston county. Ap
poIlees ns brokers bought Of appellants a lo
Of goods which appellants failed TO deliver
on account Of an alleged misunderstanding
among the parties; appellees sued, allegiue
damages 10 the alleged purchaser OF thu
goods. Held, The injury should be confined
10 the damages, II any, sustained by the
| plaintff in his capacity OF broker, To the OK
clusion of any question Of damages TO thu
alleged purchaser Of the goods. Reversed
and remsnded. Winkler, j.
w. Morrison VS.. j. Jslonick & Co.; ap
peal from Galveston county. 10 orjcr fol
ono party living in Galveston county TO sue
one living 10 Rusk county, II must DC
shown conclusively that there was con
tract TO pay the money upon which the
claim Is based in Galveston county, other
wise the defendant has right TO be sued II
the county of his residence. Reversed ana
remsnded. Hurt j.
,Ls(}earse & Co., VS.. Matthews u Wright;
appeal from Galveston county. Appellees
sued appellants on a sworn account foI
| S468 3d. Appellants pleaded IN counter
claim, and set of damage for breach OF con
tract in failing to deliver $4,000 pounds o.
tobacco at the agreed time, whereby they
were damaged three cents per pound, sggre-
eating in ali $3.50 90. This counter claim
was accepted Ito by plsntlif:
on the ground that defendant
could not set off d claim for unliquidatec
damages founded on d breach OF contract
against certain demsnd, the same not be-
ing incident to or arising from or connected
with the plaintiffs cause of action. NIX
ception Of plaintiff sustained and cause tried,
resulting in Judgment for full amount IL
favor of appellees. Held, Tnat the counter
claim was one for unlquidated damages and
was not incident to or growing out OF, ano
consequently could not DO set of .agalns
! oil intitf's cause o action. Affirmed. White
P.J.
Aaron Stephens vs. the state; appeal from
Anderson county. The court csn at any
time during the term and whilst j. has con
| troll Of the record upon a proper representa-
/ ton that an error OF OMISSION or commission
mad been committed in preparing the state
ment, correct the same according to th'
! truth of the matter. IL is not the province O
the Judge to say TO the jury on Whist evidences
they should convict. The jury ara the ex
elusive judges cfthe facts proved and of thu
/ weight of the testimony, and charge to tux
| jury is not upexceptionable, if il expresses O
intimatss soy opinion on the weight Of eyl
dence or tho credbi ity of statements made
| BY the accused or the witnesses. Reversed
and remsnded. White, P. J.
.R.F. George vs.. r, s. and Ids Dyer
appeal from Galveston county. There ]
nothing to prohibit a judge of anotho
county from granting the writ Of injunction
so it is returned to and filed 10 the count,
where the judgment was rendered " sn'
suit is pending Ida Dyer, plaintiff in IN
function, claimed mortgage on the prop
erly on which the execution WAS issued
Held, tlln Injunction should have bill dis
solved for the wsIit Of equity ia the Bill a
! TIE sale under execution Is held subject t
her mortgage by article 1896, revised stat
utss. Case reversed, iujeoction dismisae'
and cause remanded While r, J.