The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1882-02-23
COttI,T DECISIONS.
synopsis 81 the Opinions Of the Commits
sIoners Of AppenIa,

sioners Of Appeals,
IIcidenhelmer Brothers vs. j. Blumtn'
kron et AL; error from Galveston county
When person, not the payoo Of note,
signs his name upon the back without any
words 10 express the nature OF ms unuer.
taking, he Is liable as an original promisor
or surety, and In the absence OF other eyi-
dence he would be held as an such. But he
could aver, and II possible, prove by, such
parol evidence, that he was in fact indorser,
and II was only intended that he should be
bound as such. Reversed and remanded
Watts, G.
Solomon Parks VS.. s. w, DIAL appeal
from Goliad county. The holder OF non
negotiable note or assignee OF an open nc,
count, by Gyeting and proving that he paid
valuable consideration therefor, could
maintain an action in his own name; but a
claim for damages, arising out OF y tort,
cannot be assigned at equity or made the
basis of suit by the assignee. Reversed
aud remanded. Watts c.
Campbell and Clough VS.. George f.,
Afford ct al; appeal from Galyestonl
junty. The purchase of personal prop.
erty from one in possession, who Is not
the true owner, although made in, good
faith and for value, will not ordinarily de
feat the title OF the true ow ner. Affirmed
Watts, c.
I. X. Thompson ct al. VS.. Matilda West
brook; appeal from Polk county. In case
where refusal or failure to comply
with the terms or conditions upon winch
| il was acquired by the party, the elect OF
the principle is that the vendors deed may
be absolute, yet ifa mortgage for the pur-
chase money be given back at the. same
| time the fee will absolutely remain in the
yendee. Affirmed. Watts, C.
Williams Il Guion VS.. George w. DAVIS;
appeal from San Jacinto county; Unless
administration was pending in the estate
about which the suit is brought at the tune
ofits institution, appellants should have
recovered the interest that was conveyed
Appellants having sued for the whole land,
they could not recover an undivided IN
terest Reversed and remanded. Watts, C.
G., II. d s. A. railroad VS.. NJ. b. Dunlary
and wife, appeal from Fort Bend county.
The statute requiring the charge OF the
court to the jury TO be reduced to writing,
is a directory merely, and a violation OF 1t
cannot be assigned as error, but the charge
having failed to furnish the jury with any
rule of law of the case for their guidance,
it was error. Reversed and remanded'
CITY Of Laredo VS.. w. II. Russell; appeal
from Laredo county. Facts proven cahno,
form the basis of judgment, unless alleged
The allegations must be broad enough to
let in the proof, and no evidence not sup
ported by the allegations can sustain YER
dict. Walker, p. c..
Daniel Coos VS.. c. II. Leonard; appeal
from Galveston county. The policy of the
law in requiring the authentic approval OF
the facts agreed to by counsel eXtenas by
statute regulations not only to ordinary
cases ofappeal from inferior courts, but also
to agreed cases, provided for by the law.
Affirmed. Walker, p. c..
w. Il. Kendall and John j. Harcourt, eX-
ecutors, VS.. S. ID. Calder, treasurer, etc; ap'
peal from Fort Bend county. 1T devolYes
upon the plaintiff to establish, by compe'
tent legal evidence, the allegations when
constitute the prime and essential lacts
upon which depend the plaintiffs right tc
enforce the trust sued on. Reversed and re-
manded. Walker, p. C.
G., b. Beauchamp VS.. |. q G. n railway
company; appeal from Harris county. II
the evidence offered, being admitted, could
not properly have influenced the jury to q
result different from that ut whlch
they arrived, then, if 1t were mn
PROPERLY excluded the error is an
abstract one which does not meccssitnle
reversal of the judgment. Where the
damage sued for was upon the failure to put
n passenger off at q station advertised on q
time-card, upon which notice was given
that it was for the government OF EN-,
ployees only, and the company reserved
the right to vary from it at pleasure,
no right is given to such passengers unless
he show that the station was such station as
the company usually stopped at, Affirmed
Walker, p. c..
Hugh Lewis VS.. II. j.. Partner. appeal
| from Gonzales county. Where there is gen
eral verdict for the defendant, and the
Judgment decreed the payment Of all costs
by the plaintiff, there is no final judgment
and without such an appeal must be dis
missed for want of appellate jurisdiction
Delaney, C.
A. Bass ct al. vs. +. G. Lewis ct al; appea
from Victoria county. Where deed Woulo
he evidence, as an ancient deed without
proof of its execution, the power under
which it purports to have been executed
will be presumed. The institution'of suit
by owner in part, there being. nothing in
tie petition to indicate it was brought also
in behalf Of any other part owner, ana no.
of limitations against Others than himself
Reversed and remanded. Delaney, C.