The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-02-23
synopsis of Opinions of the Court Of
appeals

a Prepared for the Herald by Edward J. Ham
i ner, OF Galyostou.l
r Wyatt Lunsford Va. the ststo; appes
from Lampsssa county. The appellant wa
convicted in the court below Of q felony auc
' appealed to this court. During the pendencl
j, of the appeal the prisoner escaped, but wa
t recaptured on the same day, and the assist
ant attorney general now moves to dismiss
. the appeal under the provisions of article s87
O. @. G. Held That the jurisdiction of thi.
court ceased to attach upon the escape of tn.
; appellant The presumption is, that the
pri soner having escaped would not voluntnr
lily return into custody. Appeal dismissed
Hurt, j.
j. H. Washington and wife vs. J. H.
CuTey and wife; appeal from Galveston
county. This case WAS tried first in the jus.
tees court then it WIS removed BY writ Of
eortioIari to the county COURT the county
Judge being disqualified, the cause Wa.
removed to tho district court, wherc, on tx.
ceptlon 10 the jurisdio ton, it was retranslpr-
red to the county court when tho county
judge Of bis own motion, dismissed the case
and struck the cause from the docket Hold
"Findng Itself without jurisdiction. the d.,
trlct court properly retranslerred the cause
to the county court, and it should have been
there tried and determined. Reversed and
remanded." White, p. j.
Galveston, Houston 81 San Antonio rail
way company vs. N. II. Morris: appra
from Colorado county. The only question
presented for determination is whether tte
simple veriilCation by affidavit of sccou Il
for injury and damages by appellants to the
property of appellees would make It prima
facle evidence Of The justice and correctness
OF the account under article 2266 Of the "a
Vised statutes, regulating the collection of
opon accounts. Held, to entiile party To
the benefit of the statute tho account should
have been contracted in the ordinary course
OF trade and should exist by virtue of u con
tract between the parties to tho suit. Re,
versed ard remanded. White F., j.
Dick Edwards VS. the state; appeal from
Brszoria county. In order that an ipdict
ment Tor adultery may be sustained and be
sufficient 20 hold the party charged /, mus.
contain ono or the other OF these two allrra
to- E; That the partis lived together and
were guilty OF carnal intercourse with each
other, or that tho parties were guilty of ns.
btual carnal intercourse with each Other
without living together when one or Che
other Is lawfully married TO some other
person. The indictment ia this case fniIipa
ia This respect tho case is dismissed r.,
yersed and dismissed Wmkler, J.
N Ton " Va ~ fin, l,,. b,.;........ 49,. . .
from Galveston county. Tho more only.
alon OF The judge 70 comply with the stint.
u'e oy reducing ms charge 30 wri ing be-
lore glllag . to the jury Is not error s1r
MolGh the judgment viii be reversed l7l
IeNa' 40 inc statute requiring him so To
90 10 directory merely and puot be us
signed an Wror. IL Texas $50. II is ia |
cnaoent on the appellant to show that the
cnarge was erroneous Hs given TO the jurv
whether verbal or written, snd having fsiitd |
to do 50 We cannot rovise tho action or r, -
verse tho Judgment of the court on sun
posed error IN tho charge of the court |
Affirmed WnkIer, J..
F. j. Willis & Bro, Va. w. T. Turnley az
Bro; appeal from Galveston county A " |
pellees as brokers bought of appellants A lot
OF goods which appellants filled 10 deliver
on account Of an alleged MISUNDERSTANDING !
among the parties; Hppe,lees sued, Nilegin |
damages to tho alleged purchaser OF III,
goods. Held, The injury should be Confines |
TO the damages, il any, sustained by the
plaintiff in his capacity of broker, to tie p,- |
cluslon OF any question Of damages 10 the |
alleged purchaser Of the goods Reversed
and remandej. WiUker, j.
W. Morrison VS., j. Jalonick & Co.; an. |
peal from Galveston county In order jnr
one party living in Galveston county TO snc
one living in Rusk county, it must ho
shown ccnclusively that there was a cpn !
tract topay tho money upon which tho
claim iS based in Galveston county ,tho,
wise the defendant has q right to b. sued IN
thoeounty of MS residence. Il yersel AMI |
remanded. Hurt D.
LsGesrse " %, vs.. Matthews d Wrigul: |
appeal from Galveston county, Appelir
sued appellants on sworn account H.,
S46S w. Appellants pleaded ia cou... +
clam, and set of damage for a breach of Goa
tract In Falling to deliver 10000 pounds #
tobacco ut the agreed time, whereby Inv
We're damaged three cents per pound, agul
eating in all $3.50 90, This counter elan
was accepted to by plaintiff,
on the ground that deleno1, 1
could not set off q claim for unlouid..G A
damages founded on breach ot.fpSN,udI
against IA certain demand, tbsjde,,,, conlr,rt
ing incident to or srsinec .aj same not @, %
with the plaintiffs rom OF connected
,eption of nl~acienai csuse Of action Tx.
,,Gcsap inrs, dfsllltf sustained and cause tried,
-sd,dng in Judgment for full amour, IN
avor of appellees. Held, Tuat the count,r
lain was one for unliquidated damages ard
vas not Incl ent to or growing out Of, aud
could not be set of ,aga st
u iintitl's cause OF action. Affirmed. Wnte,
,. j.
Aaron Stephens vs.. the state; appeal from
Anderson county. The court eau a. ANY
inc during the term and whilst it has con.
rol OF the record upon proper representa-
ion that an error of omission or commission
lad been committed in preparing 10, state
nent correct the same according ~ the
ruth Of the matter. 1t is not the province of
he Judge to say TO the jury on what evidence
hey should convict. The jury are thy ex'
,lusive judges of the facts proved and OF the
weight OF the testimony, and charge TOY the
Jury is not unexceptionable, If it expresses or
uiimates any opinion on the weigh. oil cTl
ience or tho credibi ity Of s,atemea.s maia
by tho accu cd OF the witnesses Reversal
and remanded White, p j. |
X. \. George Va. p. 5. and Ida Dtei
appeal from Galveston county. ThJr IS
nothing 10 prohibit judge OF another
county from granting the writ OF INJUNCTION
so II Is returned to and filed in tho county
where the judgment was rendered or ""
sui y pending Ida DSeT, paaalu IN N