The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-10-28
COURT DECISIONS.
synopsis of Decisions of the Commissioners
of Appeals.


the jurisdiction of a justice of the peace, ex-
cept ii be when the jurisdiction of the
county court has attached by appeal or GER
tiorari, then the writ may issue in aid of its
jurisdiction, but not otherwise. The writ
of Injunction cannot be issued as u mode of
appeal. The county court has no general SUI
pervisory control over justices courts, but
only appellate jurisdiction, to be exercised
in manner provided by law, Reversed and
dismissed. Watts, commissioner.
WaNahachie Tap railroad from Ellis
county Rules "a, p and 20 of the supreme
court require tn, / IL assignment OF errors
shall distinctly specify the grounds Of error
relied on, and the assignment in this case
failing so to do, this court must consider
them waived That "tho verdict is not au-
thorized by the evidence points out, in no
degree, in what respect the evidence was
insufficient" 81 Texas, 2Si. Affirmed,
Quinan, commissioner
Schwartz vs., Burton; from UValde coun-
ty. If an attachment he wronglully sued
out the party injured may recover actual
damages resulting, and it, in addition to its
being wrongful, ii is maliciously resortcd to
without probable cause, exemplary dam
ages may be recovered. Actual damage for
wrongfully suing out the writ is such only
as is the natural, proxlmate result of the
wrongful act, and the burden is upon him
asserting the damage to prove it the result
Ofleyying the attachment; and fhc claims
exemplary damages for malice to establish
that there was no probable cause to resort
to the writ and that it was mali
clously done though when clearly
shown that there was u want Of probable
cause, malice may be implied Loss or in
Jury TO credit cannot be recovered as act
ual, but may be as exemplary damages il
malice be shown. Appellate courts will not
disturb verdicts of juries when supported
by evidence, but when not, will set them
aside. Reversed and remanded. Watts,
commissioner.
b. NJ. Bells administrator VS.. X. A. Bell:
from Dallas county. In suit to recover
the proceeds of land sold on behalf the
plaintiff and converted, the petition failed
to allege the time of the sale or of the CON
version. 1t failed also to allege the interest
in the land of a third party, which the plain
iilpurchased, and which constituted part
of the source of the subject-matter Of the
suit. Held, that exceptions to the petition
should have been sustained. The rule that
the statement of facts must be filed within
ten days after the adjournment of court is
imperative and none filed later will be CON
sldered by this court. Reversed and re-
manded. Watts, commissioner.
Singer Manufacturing company VS.. Wood
" Davis; from Dallas county. In suit
upon contract the plaintiff set ont the
contract in petition and nverred consecu-
lively compliance with its various provis-
ions, one of which was that the plaintiffs
(who engaged to make sales and leases of
sewing machines for the detendant) were to
make weekly reports to the defendant on
blanks furnished by them. Held, that the
objection TO the sufllciency of the petition
on the ground that it did not state the
amounts for which the machines were sold
or released, the times when the prices were
payable and when collected is not tenable.
The question whether the accounts were
correct and whether the defendants were
indebted to plaintiffs for commissions
charged" was properly excluded. The
court properly refused to permit the
introduction of the defendants books
to show that defendants had cred.
lted commissions to Wood private account
on his request Charge that instructed
the jury in effect that the right to recover
commissions was dependent on the collec-
ton of the notes, and that in the state of
the case, the burthen was on the defendant
to show that they had not been collected
was unobiectionuble; the presumption
being that as they had been given more
than twelve months before, were past due,
and collectable only by the defendant, and
not produced by defendant, that they had
been collected. Affirmed, Quinan, com.
missioner.
Wiley VS.. W. a. Heard and J. S. Heard,
guardian; from Collin county. /. An in.
iant is liable for his torts in the same man
ner as IN adult. 2 The argument to arbi-
tratejchiei question in this easel was not an
attempted proceeding under our statute and
atcommon law II was not necessary that il
should be in writing except us to lands
u When the agreement does not specially
provide that the parties shall be present
when the award is rendered, their absence
does not invalidatc the award. 4. Wheth-
or or not the guardian had authority to
submit his wards liability to arbitration
ifresult was to the benefit of the minor, he
could avail himself of it as defense il was
not void but merely yoidable at his election
II ct all. 3. The statement of the arbitrr.
Tor after his award, that his decision had
been unfairly obtained, could be admitted
only by producing and swearing him. Tho
defendant setting up the agreement to nrhi-
tfate as n defense, but emitting i'm his
answer the avermalt that Il was agreed
the arbitrator should not know between
what parties the decision was to be render
cd,.and this stipulation being proved, il
was error to refuse charge which, in sub.
stance, Instructed the jury that if one ofthe
parties TO the controversy violated this
stipulation, the agreement was null and
void. Reversed and remanded. Qunan,
commissioner.
Hcrsberger ct ais. VS.. Lindsey ct al; from
Parker county. The simple dissolution of
an injunction to restrain the collection of
taxes, has the effect to permit the
defendant to proceed and collect tho taxes
IT leaves the parties precisely where they
stood before injunction was issued. Be.
cause, in this case, the defendants In the in.
Junction did not insist in the proceedings to
dissolve, that their rcconycntion should be
tried, and upon judgment for tho
amount of taxes II does not follow that
they were precluded from pursuing the
legal mode for their collection, or tor main.
tanning q suit upon the Injunction bond.
statutory damages IN cases like the presen;
(P. d. S9S5) are awarded wnep the Judge
dissolving the injunction is satisfied thst Il
y'os.spcd sat for delay, In this case no
actuatamages beyond the non-paymcnt
or the axes are proved; there is no prayer
Norrepvery of damages, and no foundation
ss,r Judgment therefor. Judgment re.
'verStd and reformed, and Judgment rem.
dercd for appellee for the amount of taxes
and costs, except of this appeal, Quinan,
commissioner.
McGauhey VS., Mecks ct al; from
Hood county. When the cause is
submitted to the judge without jury,
the presumption obtains that he dis.
eliminated between legal and illegal
evidence, and IL there is legal evil
.dence to support the Judgment IL will
not be reversed because that which was
.ls.st al