The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-05-25
SYNOPSIS OF OPINIONS.
[Reported Expressly for the STATESMAN. |
supreme Court.

Newman vs.. Dodsons; appeal from
Washington county.-The intestate de-
vised her entire estate to her minor
daughter, providing that should she die
before attaining her majority and with
out issue, the estate should vest in her
brother, the appellant. The daughter
died before her majority, but leaving one
child. Held, that the contingency did not
arise which vested in appellant any in
terest under the will that the marriage
of the daughter, under our law, removed
her disability that at her death the es-
tate vested absolutely In the surviving
child. Held further, that though the will
ment of the property during the daugh-
ters minority, that power ceased with
her marriage. The appellant setting up
an adverse claim 10 no longer a proper
custodian of the estate for the benefit OF
the child. Afirmed.-Bonner, j.
The state of Texas vs.. Middleton ct al
appeal from Travis:county.-The rule of
law regulating the appropriation of pay
ments as between individual debtors
and creditors, does not obtain as between
the collecting officers Of the state and
counting officer of the state. The suit
was against collector and sureties for
$5S6S.37 taxes collected in 1876, upon q
bond executed in 1875. Judgment for
the state for $1159.73. 1t was found
specially by the jury that $4151.90 of the
taxes of 1876 had been paid by the col
lector into the treasury, and by the comp
years 1S74-75, during which years he
was collector (under different bond) and
in default. The court below applied this
payment to the deficit of 1876. Held, cor
rect. 1t is shown that the jury found
specially that after the execution of the
bond sued on, the collector collected
$1065 of the taxes due in 1874 and 1875,
which is not included in terms, as shown
by the pleadings in the present suit. For
this reason this judgment is remanded,
that this item may be embraced in the
pleadings, and another and separate suit
avoided. Remanded.-Strayton J.
Ayeock vs.. Kimbrough ct al; appeal
from Falls county.-Appellant states upon
oath that he received transcript from the
district clerk, and started with It to the
depot to dispatch 1t to this court, but
reached the depot as the train left, show
ing under oath being that had he sue
ceeded in dispatching 1t at that time 1T
would have reached this court In ample
time, the rule is relaxed, and appellant
permitted to file the transcription
Curiam.
Ferrlll ct al VS.. Neblett; appeal from
johnson county.--The court below has
no power to substitute lost bill of ex-
ceptions alter the adjournment of the
term of the court at which the trial was
had; and q motion to strike from the
record such bill of exceptions, for such
cause will prevail. Motion sustained.--
Per Curiam.
Eylar ct al vs.. Eylar and wife; appea
from Navarro county. y.---The motion was
to strike out q statement of facts because
it was not the original, but copy flied
in lieu of the original, which was lost.
The substitution was made by the court
below, at its next succeeding term. and
not, as In the case supra, In vacation.
Held, that, being In term time, the sub
stitutlon was valid; and motion to strike
out is oVerruled.--Per Curiam.
Farley vs.. Deslonde ct al; appeal from
Milan county.--That appeal bond desig-
mates the appellees as Deslonde ct al. the
record disclosing who tine other parties
are, is not sufficient ground for the die
missal Of appeal because Of defective
bond. Nor Is the fact that q party was
named A. B. in the instrument and signed
G. D., sufficient ground tor such dismiss
al. Motion overruled.---Per Curiam.