The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1882-11-23
rnMmlaalor or ArrnAiA.
synopsis of Opinions NJ the Court ~ Ap'
pesIs, Tyler Term. 1883

pcsIs, Tyler Term, 1883
Compton w. Jones. from Caldwell county.
The motion 10 dissolve the injunction being
In substance and effect an answer under
oath and containing full and complete de-
NAL Of the material allegations upon which
the writ was based the injunction was pro-
perly dissolved. The plaintiffs ploadings
setting up good cause of action, though
delective the cause should not have been
dismissed. Although two attachments
were issued, yet, the seizure having been
made at the same time, If both parties in
stigaled IL they could be Joined In one suit
for damages, ii it was illegal. Reversed and
remanded. Delaney, ].
Life Association OF America VS.. Good;
from Grayson county. After corporation
existing under and by virtue of the laws OF
another state has been dissolved by the
courts of such state, having competent au-
thority and jurisdiction so TO do, and its
rights and franchises forfeited, suit, II
pending, cannot be maintained, neither
can suit be instituted against such cor
poraton in this state. The appellant being
dissolved by a court having authority, the
receiver should have been made party.
Reversed and remanded. Walker, p j. :,
City Of Dallas vs.. Hughes; from Dallas
county. Neither an appeal bond or the
statutory affidavit in lieu thereof has been
filled in the court below The appellate
court has no jurisdiction and the appeal
must be dismissed. Whether motion is
made to dismiss or not for such n failure is
fundamental error of which the courts
will at aay time take cognizance; 100 Texas,
S5). Appeal dismissed. Walker, p. ].
Garrett ct al. VS., Arthur ct al, from La
mar county. A sale made by colonist
before final title is issued is void and cannot
be enforced if the colonist received his
grant under the law Of March "A, 1925. The
9th article Of that law applies only to colo
nists receiving gratuitous grants, and the
same law gives purchaser from the gov
eminent right to sell as soon as he re-
ceived the concession and before issuance OF
final title The grant herein upon its face
shows its issuance under the law of August
IS, 1924, and contained the provision that
colonist could not transfer property in mort
main. This condition therefore goes with
the grant Affirmed. Delany, j.
johnson ct. al. vs. Wood, from Burnet
county. The question here is whether the
land was contained in the Lucas survey.
The boundaries of plaintiffs land could
only be determined by the lines and
corners of Contiguous surveys. The law
governing such questions has been deter
mined; [45 Texas, COZ; 81 Texas, 81; 50,
Texas, 4l2l No authority or reason being
shown for reversing the rulings OF the
court in admitting and excluding evidence,
and no errors in reference thereto being
shown it muat stand. AS to the variance of
the field notes in the witness memoranda
book,it is not necessary that either. should
correspond with the landsped for. AT
frmed, Watts, p. j..
Western Union Telegraph company VS..
Bertram & Marble; from Travis county.
Appellees gave an order to L. q Co.,
for certain sugar at named price.
The contract was revokable at any time be.
fore it was filled. Finding that they could
purchase the sugar at much less price,
before the order was filled, appeellees re-
voked the order by telegram. The mes.
sage was not delivered. Appellces were
compelled to take the sugar from I. IL Co,
as we'll as from the other party to whom
they had given the order. The question
on rehearing is as to the measure of dam
ages The majority of the commission
hold the liability of appellant extends only
to the difference between the amount paid
for the sugar and the best price at which
Judge Watts dissents, holding the basis OF
the damages to be the difference between
the price paid for the sugar to L. d Co. and
til at at which they could have purchased 1t.
For argues the learned judge, appellees were
compelled to pay the difference in the prices
for which they received no benefit and no
compensation, and had they desired the
additional amount of sugar which was
forced upon them, they could have bought
it at the less price, manifestly, then, the
damages resulting was the difference in the
price paid and that at which they could
have purchased it.
Houston & Texas Central Railway VS..
Baker; from Washington county. In suit
for actual and exemplary damages against a
railroad it is upon the plaintiff to show the
death of the party by the willful act or omis.
sion of the railroad, and such upon the part
of the company's servants or employers is
not sufficient; it must be on the part OF the
itself. Under the constitution OF
1869, the appellee being the father of the |
person killed by the company's train could |
not recover damages either actual or exem- |
plary. Reversed and remanded. Watts, j. |