The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1882-03-30
WEEKLY HERALD. THURSDAY, MARCH 80. Is

Inc lease WAS made In violation Of the law |
reversed and remanded, Wlnkler, J.
". NJ. Crews vs. A. X. Taylor, appeal
from Harris county, The undoubted IN
tention OF art. 6OlS PaschaPs Digest was 10
confer the right Of action upon the party
who was interested In and who had tho
right to have the instrument rendered, and
IL was not intended thereby to extend that
right to third parties, who might be injured
by reason of the negligence OF the clerk.
But to such third parties who might be
damaged by reason Of the negligence OF the
clerk, o right of action exists upon the gen
eral principles oil law independent OF stat
ute. When parties are both guilty OF neg
ligCnce, neither can recover OF the other
damages resulting from such negligence.
Affirmed. Watts, C.
Gustave Ranger vs. II. Bedell ct al; error
from Waller county. In torecloslnS ven
doris lien, the land should be so fully desert
bed as to render it certain that the otilcer
can execute the decree of the court. Where
the description is SO defective
that the land cannot be identified
ed, the Judgment is Intellectual. A valid
Judgment, execution, sale, and the pay
ment of the money bid, constitute the pur-
chasers right, and the sheriifs deed Is
merely evidence of that right, and is not es-
sential to maintaining the purchasers title.
Reversed and remanded. Watts, C.
Georgia Home Insurance Company VS.. j.
Jacobs; appeal from Harris county. Where
the written portion of an insurance policy
describes the property insured as OF GER
tain class, and this class would embrace
class of articles which by the printed terms
of the policy are termed extra or specially
hazardous, and are by these printed terms
prohibited, the written will overcome the
printed portions of the policy, and the
keeping such articles would not operate as
a breach of the condition of the policy
Family groceries, as class, does not in
clude fireworks. Reversed and remanded
Watts, C.
William David VS.. William Boyd ct al;
appeal from Freestone county. An appellant
must stand on his case as made out by HIM
self, and the court will extend him no re-
lief which he has not asked. The law IN
tended that wife could not act in anything
pertaining to an estate..without her husband
having Joined her. Under the present law
the reverse is the case. Affirmed. Della
ney, C. .,
Galveston, Harrisburg & San Antonio rail
way VS.. w. j. williamson; appeal from Con
tales county. None but the party affected
by the error can assign it, asking for relief
Affirmed. Watts G.
Frederick and Isabella Webster VS.. Emma
G. Willis ct al; appeal from - county.
The responsibility of the heir for the debt
or covenant OF :he ancestor is to
be measured not by the amount
of the ancestors estate, which
vested in him but by the amount actually
received. The heirs cannot sue in their
own right as heirs for the property OF the
estate, the executor or administrator must
sue. The necessity for administration must
be presumed, unless facts be shown that
make it an exception to the general rule.
Reversed and remanded. Walker, ?. c. -
City of Indianola VS.. G.. w. & I. p. K. r.
additional synopsis r.
If,under the 'atu'e which gave the right
of a rail-ca a haYin, been Iefused permits
sio-. by the Guy auth titles 20 apply to the
Stale engineer 20 designate the streets
through which &c shall pa.s, the railroad
should choose 10 pay Inc city Ter the PRIV
;IeGc, the city and company nave right TO
make such an agreement.
COrpOrations have au iIpled power to
n ake such contracts as are usual and nee
essarv for carry ing into effect the purposes
fog which tney are created. In the absence OF
EXPRESS authority by statute, the power is
given implicitly. A railroad company given
the right to construct road obviously IS
granted the power to contract for the right
of-way. Having adopted a course author
lied, the court will not revise the discretion
of the directors even, though it should
appear that the other course might have
been more wisely taken, In considering
the question whether the amount named
in the bondor contract sued on is stipulated
damages or penalty, the courts are gov
erned by the intention of the parties ar
rived ut by q consideration of the language
employed and the subject matter of the con-
tract. The company contracted that In the
event they did not occupy certain streets, II
right of way was granted by the city, they
would forfeit $4,000. Held, this rendered
the amount stipulated damages, and the
court should have so held. Reversed and
remanded. Watts, C: Adopted by SUI
preme court, March 10, 1882, [This was
was formerly fully synopsized, but on &c,
count OF its importance tois additional
synopsis is given.-REP.l
G. M, Graves vs. LeGierse d Co.; from
Galveston county. Any omission of the
requirement of the law as to the citation
and the mode and manner of its return will
cause the reversal Of Judgment by default,
because the regulations ON the subject are
imperative and must be strictly followed
no differences or presumptions being al,
lowed to supply apparent detects. Reversed
and remanded. White, p.
A. Kerr, guardian, ct al. VS.. 5. a. Stonei
from Fort Bend county. The transcript OF
a Justice of the peace reciting that mo
ton for q new trial was filed" and motion
for new trial overruled," is sufficient to
show that a motion for a new trial was
made, etc. Unless an appeal bond recite-
explicitly such q description OF the ludgr
ment rendered as will leave no ground TO
mistake, il is insufficient Affirmed as TO all
;cept Kerr, reversed as to him. White
p.J.