The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1882-06-15
Synopsis of Opinions of Supreme Cour

Synopsis of Opinions of Supreme Court
The StateTs, Steele; from Travis county.
When the present constitution took effect
the salary of the acknowledgement was fixed
by law at $1,000 per annum. After August,
1876, up to January %, 1879, when the APP
pellee's term as such officer expired only
$4,000 per annum was appropriated by the
legislature as salary of the said officer. This
suit is for the difference between the pre-
scribed salary of $1,000 and the amount
paid as appropriation. Held, that the
law prescribing the salary of $1,000 was not
repealed by the acts of appropriation. Ser
vice on the governor and attorney general
was sufficient to bring the state properly
before the court. Affirmed. Gould, G. ].
The State VS.. Cook from Travis county.
This suit was OF like nature as that OF the
State VS.. Steele Supra, the appellee suing
for balance of salary, over the amount APP
propriated as Judge OF the criminal district
court of Galveston, and Harris county.
But in this case the salaries Of district
Judges, when the appellee was reappointed
In 1879, had been reduced from $500 TO
81 800, and lac was officiating as such judge,
under such salary. Service on the gov
ernor is ample TO bring the state before the
court. Reversed and judgment entered for
the state. Gould, Cd.
Blum ct al. VS.. Gaines; from Burleson
county. Suit by appellee TO recover dam.
ages on sequestration bond in an action OF
trespass to buy title claimed as homestead:
The suit in which sequestration was sued
out and levied was instituted by B., De-
cember 18th, 1878. After seizure Of the
property, the appellee failing TO Iepleyy the
property, b. did 50 and took possession Of
The same. That suit was dismissed by the
plaintiffs at the succeeding term OF the
court, and the property sold by Is. TO Ger,
aid, after which Games instituted suit OF
trespass TO try title and he recovered judg-
ment for the property and for rents. This
suit was instituted in December. 1850. against
3. apd sureties on the sequestration bond.
The recovery was for actual damages
against all Of the defendants, and exemp-
lary damages against b. b. claimed the
property under execution sale IN their iaVor
In October, 1878. On the trial evidence was
admitted ofthe seizure and sale Of personal
property at or about the time Of the sale OF
the real estate. Held, error, that 70 shog
such damages legal evidence j. indispensi-
bic. There was no error in permitting APP
pellee to prove that d. ct oil. paid the cost
Of. and dismissed the suit in which the
writ Of sequestration was sued out. Re
versed and remanded. stayton, j..
Hodges vs.. Taylor ct ais; from Burleson
county. This suit was instituted subse-
qneut 70 the adjudication in bankruptcy
OF the debtor. and after his disclsrre upon
A debt Incurred anterior r. such adjudic1-
ton and discharge. The one question 81
law involves u a. 70 the edect 81 suck dis
charge. Held. that = IN defense 70 such
action the defendant had pleaded bis dis
charge. sucL plea would have bad the same
effect q 4 plea q tie statute u limitations,
and would hare been a bar TO recovery. b1t
moi being pleaded amounts 20 q waiver q
Of such defense. Judgment afirrnf d.
Gould e. !.
Houston 4 Texas Central railroad com
nnnr ". B1ehen. from Robertson county.
II ) suit f1r damages ior injuries the a.
feulsnf asked q charge which vas 81 elect
fhsf In tie Jury found l1r plaintiff they
vouId CONSIDER whether under the evidence
plaintiffs ability - labor vas dirninisne1
~ tire injuries received II 30, - all0W ~
amount f1r com pcus1ti0n equal - TIE or
fr.nre f.stueen Etat plaintiff cuuld ear
before and What be could earn fincs in CO.
seuueure II The said arnOu-t i1r The lenR
Cline he ras 30 prevented fr1m wurE
- frfu-ies. This Tule frr esi mat
5grnares. tiIt f1ry we're asked % Be- lnsrr
~ r. crr-idfr IN c11ric-i1n With sIiL
49, e. they sbrrld allow f1- pain
mi rrrs-inr Hes. thst tie
I rr-~f did ms ~ ir refusi1E ire Clare -
rr.s. furr-rart under Toe rie11lnFs. ard
. 1919 fhs Eener1l c11-re ~ he sutlerl
- frI ar1 sun lert- N lrEru1-frr
! nrninst allowing 1o-rT -.,ls-icrT drinsges ~