The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1882-12-08
COURT OF APPEALS.
Synopsis of Opinions OF the Court Of Ap-
pcais, Tyler Term, 1851.

Synopsis of Opinions OF the Court Of APP
peaIs, Tyler Term, 1851.
Lenoir ct al. vs.. Essential ct al; from
Falls county. In order that the acts OF an
agent may be binding upon the principal
the ratification must be made with a full
knowledge of all the facts and circum-
stances. 1t will hot be obligatory on the
principal, though the facts may be limo
Gently concealed or inadvertently misrep-
resented. The agent may have requested
the goods charged to him or the agent Of
the principal, yet that would not bind hun.
The right Of purchase must bs spe officially
shown by his authority as agent. Reversed
and remanded. Hurt,
international Il Great Northern railway
VS.. Malone; from Hays county. Crops
growing upon land and the systbm OF
drainage are parts of the land, and injuries
10 these are injuries to the Lands. Testi-
mony of non-experts Al to the necessity for
the erection of additional culverts and
sluices, and as to their character and loos-
ton, is not admissible. Under art. All,
Revised Statutes, the construction OF sluices
and culyerts is matter exclusively within
the discretion of TIE railroad company, II
III IhllS III ltS uutN blN ithOhJ 49,
they are liable for the injury done. Re
yersed and remanded. Wilson, ].
Freeman vs.. the State; from Smith
county. Appellant, during his confinement.
in Jail and pending this appeal, escaped
from custody and was pursued short DIS
lance and captured The states attorney
moves to dismiss the appeal. Held, the
moment appellant escapes from custody
this court ceases to have jurisdiction OF the
appeal in his case and unless he shows that
he voluntarily returned his appeal will DO
dismissed. Appeal dismissed. white, p.
Galveston, Houston Il Henderson railway
vs. Steward; from Harris county. This IA
suit for damages brought by the latner OF
a minor son, who WAS killed while en-
ployed as a brakeman on appellants road.
Suit for services OF the son, his funeral eH-
penses, ETC., and judgment for 9il7. Held,
but two questions present themselves: L.
Does the evidence show negligence upon
the part of plaintiff? 2. Must plaintiffs
show such heghgence2 The jury by their
verdict having answered the questions and
finding no error in their verdict, the judg'
ment is affirmed. Hurt, j.
Schraum ct al. vs.. Matte; from Guads.
lupe county. Suit was brought on the fol
lowing note: 1--WE jointly and sew
orally promise to pay, after six months no
tico is gwen, to August Nolte, SRA resident o
Guadalupe county, the sum OF 5000 IN golC
coin, with 10 per cent. interest per annun
for value received" verdict and judgment
for appellee for amount due, etc. Held
Notwithstanding the form of the note, Il
would mature In reasonable time, Gnt
what constitutes n reasonable time IS To-
the jury to determine. Affirmed
Hurt, !.
Scruggs VS.. Cleveland; from Van Zand
county. Trial OF the right of property
which Cleveland levied upon as the prop
erty of Downing, and which Sctugg
claimed by deed OF assignment from Down
ing. The evidence OF both Scruggs snt
Downing shows that the deed OF assign
ment was not executed and delivered 80 q
to be complete until after the levy Of TIT
attachment. The question OF its validit!
Is not before us. The charge OF the cour
IL fair and impartial, there is no error il
the judgment, and the cause must be ai
tirmed. Wilson, J.
Whitley vs.. the State; from Hamilton
county. Two cases, both for theft Of csttls
are here consolidated In neither recor
do We find u statement of facts or bill Q
exceptions, anu APP ellsnt can only rel
upon error in the charge or the insrilicienc
oil the indictment. The indictment n
hold to be sufficient. The charge Of tn
court when taken M q whole cannot b
complained of. The record utterly fails
show us error, and the Judgment must
affirmed. Wilson, ].
Sager vs.. WoOsley ct al from Rain
county. SHIT by appellant for the vain
OF certain wares and u wagon. Judgmen
for appellees. Court adjourned May 20lh
The statement of facts and bill of excer
tions in the record were not filed until Jur
LIST. There il nothing in the record uhic
shows any order OF court granting leave t
iile such instruments after tho adjourn
meat OF court. We cannot therefore cor
slider them. In their absence we fail I
find any error and eau only affirm tn
judgment. White, p.
johnson vs. Parker from Tarrant county
Appellant took up two e'trays, delivete
them TO q county commissioner, whu n
turned them according TO law to the CONT
clerk. They Were delivered then to appe
liant, who held them subject to order, AM
delivered them up rs soon ~ the propt
affidavit was made. Suit for wrongful cor
version. Held, to maintain an action tC
trover and conversion, defendant must hav
converted the property to his own use, q
have done some act with wrongful inten
There being no evidence OF a wrongful I,
tent, the evidence fails to support the judj
inent. Reversed and rcmandcd. Hurt,
Siuker, Davis & Co. VS.. Lcman; from Ds
las county. The agent of appellant, witt
out authority from them, employed LENA
az his (the agcnts) clerk. This is slit Il
his salary. Held: |. AS each months 81
airy falls due ut the end of each month, III
statute OF limitation begins to ruo from III
end of each month. ., The court erred /
falling to give these charges; I."lf IA part
has notice that an agent ~ acting under
special contract made with his principal, {
ifhe has notice OF such facts ~ will put hiI
upon inquiry NJ to such contract and il
forms, he will at his peril contract with sci
agent, and il the agent exceed his autho
ity the principal will not be bound"
''lfaparty has notice Of the authority u,
der which the agent acts, or of such fact
as will put him upon inquiry, then tn
principal will not be- bound by the acts
the agent not contained in the authorit
conferred" Reversed and remanded vii
aon, J.
- O.
a Wise word From Addison
Says Addison Health and cheerfulne
mutually bpypt each other ~ Thar "a,