The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-03-24
synopsis OF Optuions OF the Commits
sioners OF Appeals.
Prepared for the Herald by Edward j. Ham
ner, Of Galveston.l

StOutFs Va NgFt"s>s
Prepared for the Herald by Edward j, Ham
ner, Of Galves,on.l
A. N. Ross, administrator, ct al. VS. Hsr-
bert, Blanks 81 Co.; appeal from Caldwell
county. An inventory is not conclusive
against the administrator AS to the title of
the property included therein, nor is he
estopped thereby from asserting title in him
self to such property. Such inventory is
generally prima facie evidence of title in the
estate. Appellants, after qualifying as ad'
miuis,rator de bonis non, of the estate OF
Elizabeth Franks, returned an inventory, in
which one. half Of the tract Of land in con-
troversy was claimed rs the property OF said
estate the note in question was not lnveh-
toried by them, Held, This was al least
presumptive evidence shat they claimed me
land and not the note AS the property OF said
estate. Affirmed. Watts, j.
Charles Conway vs.. John W. Merrlheld;
appeal from Dallas county. Great lloersilly
and Indulgence are to DO extended to the
justices of the peace, who are supposed not
to be skilled in the forms OF Judicial proceed"
ings observed in courts of record. 1t their
proceedings are Ineligible, and attain the
ends of substantial justice, they are generally
to be sustained. Affirmed. Watts j.
John A. Webb, ell. al. VS.. 5. w. Harris;
appeal from Caldwell county. A plaintiff in
hin action for damages is entitled to recover
his attorneys fees only where they are part
of the Damages resulting as the natural and
proximate consequence OF the act complain
ed of. Reversed and remsnded. Walker
P.J.
Samuel Seaton, gsrnishee vs.. Brookling
ct. al; appeal from Tarrant county, First,
where the defendant is personally before the
court the garnishee is not Interested
in tho regularity Of the proceedings
against the defendant.
2. A garnishee can make no defense
against Judgment which tho defendants
did not make.
8. Partnership debts cannot DO reached
for the satisfaction of the oebts of any indi-
vidual partner or any number of them less
than the whole, by process of punishment.
4 Il is well settled that the punishment
cannot have the effect Of changing the ma
ture Of contract between the garnlshee
and the defendant, or OF preventing the
gsrnshee from performing contract with
third person. Reversed and remanded.
Quinen, j.
City water company vs.. Capital leo COM
psny; appeal from Travis county.
The entries made by party in his books
Of payments made, cannot be better tes-
timony eff the fact than the sworn testimony
Of those who made them.
2. A party may receive such damages as
are incidental to and caused by breach of
contract, and may reasonably DO supposed
TO have entered into the contemplation of
the parties, at the time o. making it.
Affirmed. Qunsn, j.
Raleigh White vs.. the stats of Texas; APP
peal from Dallas county. The following are
the principles in regard to applications for
new trial by which our courts are governed:
1st. That party is bound and presumed
to know tho leading points which will be
ltigated in his case.
I'd. That if he omts to procure evidence
which, with ordinary diligence he might have
procured in relation to those points upon the
first trial, his motion for new trial for the
purpose Of introducing, such testimony shall
be denied.
3rd. Ii the newly discovered evidence
consists merely of additional facts and cir
cumstances, such evidence is cumulative, and
new trial should not be granted.
4th In cases to which these principles
clearly and unquestionably apply, the grant
ing or refusal of new trial is not u matter
of discretion. Affirmed. Winkler, j.
William Rivers vs.. the state Of Texas;
appeal from Walker county. A full pardon
granted after the convic. has suffered the
entire punishment imposed upon him by his
conviction removes the common law disabil-
ity of incompetency as witness, but re-
mission merely Of his punishment does not
restore his competency. 1t is not necessary
TO aliege that any Of the animals named in
article $40 should be further described as
"domesticaied animals" Reversed and re-
handed. White, p. j.
Houston IL Texas Central railway COM
psny VS.. W.J Wheeler; appeal from Dali
las county. On the first application for a
continuance il is not necessary to show that
fees have been rendered tho absent witness or
witnesses. Reversed and remsnded. White,
II