The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1882-11-01
rHE APPELLATE COURTS.
synopsis OF Opinions of the Court of
Appeals.

piahe sueu out WIZ OF stpuestration 10
recover from Pitts, his landlord, certain
goods seized by him by force and intimida-
tton. Pitts set up an account for supplies
in reoonvention. Blake also set up his &C.
count. There was a general eross-frc in
accounts, resulting in verdict for Blake,
There is no sufficient error upon which 10
reverse. The evidence amply supports the
verdict. The charge OF the court is in all
requisites essential, and the judgment is Of
frmed. Wilson, I.
Rutherford VS.. the State; from Franklin
county. The indictment must contain Qf
known the name Of the assaulted party at
the time OF the assault, and the name OF the
assaulted party ifafterward married, is not
sufficient IL the husbands name used. The
following constitutes the evidence support
ing the finding. ~ had some words with
defendant, he pushed me down; | don't
know that he was mad; | was not mad"
Held, insufficient to support the verdict
there being no intent to lnjure shown. Re-
versed and remanded. Hurt,
Jones vs.. Brazile; from Brown county
Suit brought upon an account upon an al.
legged contract TO carry mails. Judgment
upon quantum meruit for amount claimed
Held, the suit being brought upon specific
contract a judgment could not be rendered
upon evidence disproving such. The evil
denoe proves that the services were rem
dered, but without any contract as to the
price. Held error is refusing to grant a
new trial. Q6 Texas, i06; % Texas, 2l9).
Reversed and remanded. Wilson, ].
Frielander vs.. Johnson; from Mclennan
county. A justiceoi the peace is such an
officer under the law as Is authorized TO re.
ceive and administer oaths TO atlidavits of
claim for the trial of the right of property
under the statute. 1t is not necessary
for the affidavit to state that he, the claim
aut, owned the property before the levy, il
Is sufficient II IL states that he owned it at
the time Of the levy. The evidence amply
supports the verdict and judgment, AT
iirmed, Hurt, /.
Harris VS., the State from Freestone county.
Although there may be a separate and dis
tinct final judgment yet if the judgment
entered aud the sentence pronounced con.
tam all the essentials of q final judgment as
prescribed byarlicle 70l Of the Cote of Grim
inal Proce dure, the appeal will not be dis
missed for want of a final Judgment.
Motion to dismiss appeal oyerruled. Will
son,
Wheeler vs.the State;from Baylor county.
Appellant was charged with the crime of
murder ia the court below. Upon applica-
ton upon writ Of habeas corpus, bail was
refused and the appellant prosecuted his
wrcto this court. Pending the appeal
from the judgment refusing bail the case
was tried upon its merits in the court below
and the defendant was acquitted, IL is
moved TO dismiss the appeal. Held, the
proper facts being before the court by GER
tlhcate OF the clerk, the appeal will be dis
missed but appellant will be held bound
for the costs. Dismissed at appellants
cost. Hurt, j.
Newman VS.. McCullum ct al. from Dali
las county. Where the court in snit on
promissory note and plea OF reconvention
for damages for failure TO perform the con.
tract for which the note was given, recog.
nized both the claims, although the origi-
nal note then sued upon may be within the
jurisdiction of the court If the plea OF re-
convention setting up grounds, sufficient in
themselves, Is for damage exceeding the
jurisdiction Of the court 1t has no urisdic.
ton OF the case; III Texas, go; ~
Texas, 500. Reversed and remanded with
instruction to dismiss, Wilson, |.
Pressler vs., the State, from Nacogdoches
county. In prosecution for selling liquors
TO minors without the written knowledge
or written consent of the parent, guardian
OF some one in their stead, the state must
ailirmatively prove the selling together
with knowlege upon the part OF the seller
that the party purchasing was minor
Where an honest mistake is made it is ad.
missiblc that the minor passed for an adult.
The court erred In refusing such evidence.
Reversed and rcmanded, Hurt, l.
ST. Louis, Iron Mountain & Southern rail
way company vs.. Henderson. a passenger
having purchased ticket for passage and
check tor baggage over a combination line
OF railway from one company, each of the
companies are liable for the due transport
tation Of such baggage. The fair market
value only of the goods lost can be
recovered. The goods being wear
ing apparel, iluctuation or depreciation
IN their market value cannot be recovered.
Actual expenses incurred in searching for
the lost baggage cannot be recovered In
absence of special circumstances, reason
able yalde OF the use of the goods for the
time detained are alone recoverable Ac-
tual damages can be recovered from both
companies, when Jointly liable exemplary
damages only from the one guilty. of the
loss for which damages are given. See
similar case, Texas 4 Pacific Railway VS..
Ferguson, last Austin term.) Wilson, /.
Mapes VS., the State; from Live Oak
county. In felony cases when an appeal
has been taken aud the appeal dismissed
for want OF n final judgment, and the
cause having been returned to the original
court from whence 1t came, final iudg.
ment, nunc pro tune, Is entered, 1t is ALSO
lutely necessary that the defendant be in
tho presence OF the court when such final
Judgment Is rendered, or else Il Is not valid
and the appeal will be dismissed, A waiver,
OF this point cannot be made if il be not
sufficient to reverse the cause for two
reasons. The court has no Jurisdiction of
the appeal until u valid final judgment has