The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1881-04-28
DECISIONS
synopsis Of Opinions Of Commiss.o"
or appeals Adopted nv Co"r'o' AP-
peals.

synopsis Of Opinions OF Co"n''s'.""
of Appeals Adopted by Conrt Of Ar-
peaIs.
Knaur vs. Erwin; appeal from Fannin coun.
ty. An execution based upon a %loriei'eo
repleyy bond possesses no more emcacy III
reaching exempted property han an exeGu'
ton upon any other simple Judgment no'
yersed and remanded. Watts, Y.
Pierront q futile vs. Sasse et al; appeai
from Cory ell county. .
facie evidence OF pay ment ana may pe eA-
2. Money collected on u Judgment by an
attorney of record, so far as the payment
extends is binding upon his client, but q dis
charge of the whole judgment for less thar
its amount is not valid against the client
3. The assessment Of the per cent. dam :
ages for DELAY, allowed by the statute, Is
within the discretion of the judge, and unless
manifest error appear his discretion Will not
be revised. Affirmed. Quinan, q.
Hoskins vs. Bingham ct al; appeal from
Coryell county. A tenant cannot dispute the
title of his landlord, under which he entered
and took possession, especially where the
matter sought to be made available by the
tenant for this purpose, existed ana was
known to the parties prior to the leasing
Affirmed. Watts, O.. ~,
Booth vs.. Case g. Co; appeal from Dali
las. The determination Of the jury In cases
of conflicting evidence or the impeachment
of witnesses will rarely, if ever, be revised by
an appellate court. la the case under con-
sideralion the entire testimony, unimpeacha-
BILE, shows a partial failure of consideration
of the demand sued upon, and which evil
dence the Jury apparently arbitrarily disre-
garded. Under such circumstances was
error to override motion for new trial. Re
versed and remsnded. watts, commis-
sioner.
Gross ct al. vs. Peterson; appeal from
Lamar. l. Where the want or Jurlsoicuon
over the subject matter is manifest from tne
petition and exhibits attached, no formal
plea is necessary to present That quesuon.
The court, of its own motion, should DISMISS
the case. 2. While it would be
more in consonance with the statute
to file all defenses at the same time, stlli d
defendant should be allowed to file his de-
lenses at any time before judgment by de-
fault against him, provided no surprise or
injury thereby results to the other parry
Reversed and remanded. Watts, commits
sioner.
HGDrY " huhilS Va bhAibS "PPN
Collin. A statement of the evidence adj
duced on the trial of the cause, made ex
parte by counsel for only one of the parties,
and no evidence accompanying it OF tne
approval of the Judge who presided can have
no consideration attached to it whatever rs d
statement of facts. Affirmed. Walker,
commissioner.
Lane VS.. Peters: error from Falls. A mo-
ton to affirm on certificate, made at q term
of the court prior to that to which the de-
fendant in error was cited to appear. was
promptly overruled. Dismissed. WATTS
commissioner.
Hunter g. Lee VS.. Halter 81 Osborne; ap.
peal from Collin. Suit for the conversion OF
bois dare apples. Supplemental petition,
filed at subsequent term, alleging conversion
of the seed is no charge or enlargement OF
the original demand, as ths original claim
for the apples i-cludes the s.t1 in them.
Affirmed. OUR an, commissioner.