The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1882-10-26
THE APPELLATE COURTS.
Commission of Appeals, Tyler Term, IL

of Appeals, Tyler Term, 1882.
Mcdonald VS.. Campbell; from Hill
county. The question herein is one of con-
struction of the words place of business,
as used in the constitution. Campbell
owned two acres of ground, upon which'his
dwelling and outhouses were situated. lie
also owned fourteen acres in the corporate
limits of the town. He further owned on
the public square, unconnected with his
dwelling lots, dry goods store, which WAS
rented. Next was his drug store, where he
carried on his business, and adjoining was
a warehouse, between his drug store and
which there interviewed another house. The
warehouse was used lesitimately as ware
house for his drug store. The question,
does this constitute the house in contro-
yersy part of the homestead. Held, the
facts do not establish that the house and
lot in controversy were in the sense and
spirit of the constitution used by the de-
PENDANT as his place of business" A
store-house, though in connection, with his
store, is used in the carrying on OF his Dusi.
ness, does not constitute the elements OF
his 'place ofbusiness," as required by law.
Reversed and remanded. Walker, pc,
Nix Story ct al. VS.. Duke ct al; from
Caldwell county. During the tendency OF
the suit between the original parties to the
suit, they compromised and settled it, and
defendant paid in full the amount of com
promise After the suit had been settled
and paid off, but before it was dismissed,
third parties interviewed end the court,
without any knowledge of the compromise
and settlement, granted the intervention.
When it came to the knowledge OF the
Al. Al, I,a1 hna MIC a
and settled, after having granted the inter.
ventiop, the court set its order aside, and
refusing the intervention, dismissed the
cause Held, the order and Judgment
granting the intervention was merely inter-
iocutory, and during the tendency of the
suit, if the court finds it erred in SO admit,
ting an intervention it has the right and
should setit aside. The cause having been
COMPROMISED and settled although OF record
not dismissed, was beyond the power OF the
court and was dismissed as to its control
when the agreement to dismiss was made.
The suit being dismissed the court did not
err IN setting aside the Intervention and dis
missing the suit. Affirmed. Watts, C.
Barnard VS.. Tarleton ct al. 4; from -
county. Upon the trial below recovery
was had for the principal and interest on
the note sued on, but the property seques-
trated was discovered to belong to other
parties, in whose favor judgment was rem
dered. When the citation in error was
made, and it cited only those against whom
Judgment had not been rendered and left out
the one against whom recovery had been
had the writ of error bond was likewise
detective. Held, the citation being defect
i've in that it.cited but a part of the defend
ants, and the bond being equally defective,
having been given in favor Of but apart,
the writ of error cannot but be dismissed.
Writ Of error.
Wright VS.. Cook ct al; from Lamar
county. The question presented is, which
oftwo surveys does certain tract OF land
belong. held, GA perionCe has proven That
as a general rule calls for adjoining surveys
are more desirable and reliable than those
of distances. Where the surrounding cir
cumstances show that a call for distance Is
more reliable than that for adjoining sur
yeys, then the latter yields TO the former.
The calls for distance and quantity, in this
case being paramount TO that OF ADJOINING
surveys, the Judgment is affirmed. Watts, c.
Munzienberger ct al. VS.. .Boehm; from
Comal county. The question Is, is the
mother of her deceased son such con-
stituent element of the family as would en-
title her 70 d e exempted property under
the statute, though in his lifetime he sup
ported and maintained her. The judge in
his learned and thorough analysis reviews
Ali the authorities, but the reporter only
want of space TO so spare.l The policy OF
all former probate laws was TO conhne the
beneficiaries Of insolvent estates 70 the
prejudice Of creditors, to be the surviving
widow and children only, and all our laws
since adopted seem 10 follow in that wake
and confine the constituent members 70 be
that also Of the surviving widow and minor
children, and therefore the mother, though
supported by her son during his
| life cannot hold the exempted property
urder the statute as against conditions Of
/ an insolvent estate. Reversed and re-
manded. Watt. c.
sIavin vs. Wheeler ct al; from Grayson
county. When the case was called m the
court below plaintiff objected 10 the case
being tried by the then presiding judge,
alleging that some ten year, previous. be,
the iudee. had given plaintiff advice IN re
Oar.f n the case and was therefore Of c0un-
sci. The proof showed that some ten year.
I previous the plaintiff had sought nnd re-
ceived advice in the case Of the 1ndge
though he firmly denied such. helo
alfhouehs the attorney may Dot even
r,rrpare papers or enter into the details OF 9
cass. vet be gives advice therein. though
I no NAV not rcceive fee therefor, yet be i
IN coui,sel IN the meaning Of the constltu'
ton and IL disqualified; the disqualhl ca
ton OF the Judge going 70 The foundation o.
the suit, and this question vii not be coz
sidered. Reversed and remsnded
BsDdsr Va. Herbert, Banks 4 Co; from
coma county. No further evidence In SUD
port oil rnnterial alleEntion when edn =
- In pleading D. necessary, nor IL u ME
.--.-r ~ fbe plaintif ~ read 20 The jurI
an admission Of the defendant IN
o-ssr 10 avail himself q 4
Al third party may Be brgught into The 81
- fhs frfrudarf ard the rights Of nll b.
Seterufnei. but q defendant can1ot NJ
- go 0f from term % term unless -.
-irhf. 81 The bird uartF would b irreper
sbly injurs1 u he Donappe.rsncs N m
- 1frrnsd- Watts. e
Uu~lnrf u McLa,n, rom LsTa-'
rrrrfT Suit trDuettto rescind a c11trsr'
- - farnnrrs. Ths c1ntrnct rs ~ ~
-. II lnrd. whict i uns Gained osienc'
- 80 -rr-.~rr1ef - beng fh.i'
$1,000. whsr. IN fart. IL tts r1s =
90 trrds. Held. whert nsslrrrnen,s =
r--r- rrrr ~ c1rrf - u- cHe'
ccu-fs eniirs ctarEs rlnDrt