The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-10-12

, forfeited appearance bond upon which
hnal judgment has been taken. when the
injunction was sued out. Injunction dis.
missed for want Of equity in the bill and
because the state was not make a party
Held, The state being proper party and
for want of equity the Injunction was
properly. dismissed. Affirmed.-White,
Pa.
Pressler VS.. state appeal from Nacog
doches county.-The recognizance COM
planned Of states that defendant was con-
victed of the offence of knowingly and
unlawfully selling spirituous liquors TO a
rerson under twenty-one years OF age,
without the written consent OF the parent
or guardian of such minor in their place
or stead. Held, The recognizance does
| suinciently charge in Affirmative language
that the person 10 whom the liquor was
sold was under twenty-one years OF age,
and II being apparent that the omission Of
the offence as stated is merely clerical
error, the motion TO dismiss Is refused.
Motion overruled White, =. j.
Cunningham a. Ellis VS.. Bales ct at;
| appeal from Bell county.-Appellant
brought suit on sworn account for DANA
ges against Bales and his eureues on n
bond given for faithful performance OF
his contract with appellants for the con-
yeyance of convicts. Bales failed 10 de-
liver same. Suit for difference In actual
cost In getting them and the cost Of Bales
| conveying them. On motion sworn ac-
count was stricken out. Held, IL was not
error in striking out the sworn account,
II not being one against all the parties de-
PENDANT AS an ordinary account but for
damages. Held further, Article 2260, II.
s., contemplated no such action. An afii-
davit 10 an account Is not admissible TO
prove any character OF account, but such
only as is incurred by express or i'm
piled contract between all parties 10 the
action in the ordinary course of trade.
Atlirmed.-Hurt, j.
Scruggs vs.. Cleveland; appeal from
Van Zandt county.-Where, as I'm this
case, writ OF certiorari Will correct the
errors complained of aud for which the
appeal is sought TO be dismissed, and
said writ is sought before or simultan.
eously with the filing OF the motion TO
dismiss, the motion will be overruled and
certiorari granted. In this case the en-
dorsement to the transcript was not
signed by the clerk OF the court below,
nor did the certificate thereto certify
that "it contains true copy OF all the
proceedings in said cause" Motion
over, uled and certiorari awarded.-Wil-
son,J.
onIIth 81 Bro. VS.. Burr a. Co.; appeal
from Bell county.---The petition and bond
for wilt of error was filed nearly year
before the issuance OF the citation in
error. The citation failed to state the
date OF the fling of the petition in error.
1t also failed TO command the sheriff to
forthwith summon the defendant In
error. Held, Each and all OF the above
ground be sufficient to cause the dis
missai OF the writ on proper motion made.
[R. 5. Art. 1884 Appeal dismissed
Wilson, j.
Watson VS.. state; appeal from Nacog-
doches county.-The states attorney files
his motion to dismiss the appeal on the
ground that there is no seal of the court,
from whence the cause originated, on the
tie, though the tie is securely fastened In
a wafer. Held, Defendants in misde-
meanor cases are held to see that records
are brought up to this court in proper
shape. Art $50 G. G. p, rule lib, district
courts, requires the transcript to be fast
ened at the upper end with ribbon or tape
and sealed with the seal Of the court. A
failure to comply strictly is sufficient to
warrant dismissal. Appeal dismissed
Wilson, j.
HaIdigree VS.. Till; appeal from Camp
county.-Defendant in error moves that
the appeal be dismissed because there Is
no assignment of errors 0r brief Of plain
tiff in error filed with the transcript.
Held, sufficient ; held, further, rule 30,
governing district courts, also art. 14l6
Rev. Stats. requires the clerks certificate,
as well as the seal of the court, to be at
tached to the transcript, and must be
slIlCIl1 COuplltu WILL n W 0O
either will warrant dismissal on proper
motion being made. Cause dismissed
White, P.J.
Supreme Court.
Aycock v. Hearne; from Robertson
county Case before the court on mo-
ton to confess error and reverse signed
by A., attorney of record for appellant,
and Ii. attorney for appellee. III. ap-
pears also as attorney of record for APP
pellant and p, attorney of record for ap-
pellee.) Motion asks the supreme court
to withdraw case from commissioners OF
appeals, set aside submission to them and
cOnfessing error asks that the case be re-
versed and remanded. Confession signed
as follows: Appellee "by H..
her counsel, agent and attorney In fact"
p. files opposition, Directing because III.
is attorney of record for appellant. 4.
has no notice of discharge from his
client. No order of court has been made
authorizing his discharge or III. 10 act for
appellee. Replying, ii. flies his written
contract with appellee duly witnessed
and proven up, H's undertaking being
to act as appellee's agent and attorney In
fact and at law to examine into, assert
and maintain her rights to the land In
litigation and its revenue. Held, the
attempted discharge of z. and appoint
ment of H., he being at the time attorney
OF record OF the appellant, are irregular.
The right of the client to discharge an
attorney of record will lie 30 restricted
by courts as TO protect the latter in his
proper charges. The appearance OF ID. Is
irregular, his appointment was also lr-
regular and should not be recognized by
this court. The court holds, although
the character and standing of counsel In
this case preclude a thought of unfaith-
fulness on his part to his client, he being
joined in his motion by counsel still pro
posing TO represent appellant, the whole
proceeding is In disregard OF the rules
governing attorneys as officers OF the
court and is highly irregular. Motion
overruled. Gould, chief justice.
Roberts ct al v. johnson ct al appeal
from San ACKNOWLEDGEMENTS a suspen-
sive appeal is Intended the conditions of
the appeal bond must come strictly under
the requirements of the statute. A bond
conditioned thus CONDITIONED ed
appeal with effect and perform the sem
tence judgment or decree of the supreme
court in case the decision of the said
court shall be against the appellant does
not come under the requirements OF Art.
1404 Rev. Stats. Appeal. dismissed.---
Per Curiam.
Scott v. Scott ct al appeal from Harri-
son county AN appeal bond made paya-
BILE to one alone when thejudgment below
was rendered In favor OF that one in her
own right and as next friend for certain
minors, naming them, IL not sufficient.
The bond Is also insufficient when head
ed w It Scott, plaintiff in error, and Lucy
NJ. Scott, defendant in error, when the
same parties as above mentioned are par
ties defendant in error. Appeal dis
missed Per Curtain.
Ballustralla vs.. Devoli; appeal from
Anderson county.-When appellant is
unable either to pay costs, or 70 give
bond for costs, affidavit made either Tor
BOTH before the county and district
clerks does not fulfill the requirements OF
the statute. Proof must be made before
the district court or county judge that the
clerk or appellee may contest It, IL de-
sired. Appeal dismissed.-Per Curtain.