The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1882-02-17
SjOURT DECISIONS.
synopsis obthe Opinions of the Commits
sioners of Appeals.


sioners of Appeals.
Heidenheimer Brothers VS.. j. Blumen-
kron ct al; error from Galveston county
When person, not the payee Ola note,
signs his name upon the back without any
words TO express the nature of his under.
taking, he is liable as an original promisor
or surety, and in the absence OF other evi'
.dencc he would be held as an such. But he
could aver, and il possible, prove by such
parol evidence that he was in fact indorser
and il was only intended that he should be
bound as such. Reversed and remanded
Watts, c.
Solomon Parks VS.. s. w, DIAL appeal
from Goliad county. The holder of a non
negotiable note or assignee of an open ac
count, by ayerring and proving that he pait
q valuable consideration therefor, coult
maintain an action in his own name; but ,
claim for damages, arising out of a tort
cannot be assigned at equity or made The
basis OF Il suit by the assignee. Reversed
and remanded. Watts, C.
Campbell and Clough VS.. George +
Afford ct al; appeal from Galveston
county. The purchase of personal prop
erty from one in possession, who is moi
the true owner, although made in good
faith and Tor value, will not ordinarily lie
feat the title of the true owner. Affirmed
Watts, c.
T. 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 which
it was acquired by the party, the effect Of
the principle is that the vendors deed may
he absolute, yet ifa mortgage for the pur.
chase money be given back at the same
time the fee will absolutely remain in the
vendee. Affirmed Watts, C.
Williams & 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 time
Gifts 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. IL 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 directory merely, and a violation of it
cannot be assigned rs 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.
Walker, pc.
City OF Laredo VS.. w. II. Russell; appeal
from Laredo county. Facts proven canno.
form the basis of judgment, unless alleged.
The allegations must be broad enough to
let i'll 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 extends 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. b. Kendall and John J. IIarcourt, ex-
ecutors, vs.; S. ID: Calder, treasurer, etc. APP
peal from Fort Bend county. IL deyolyes
upon the plaintiff to establish, by compe.
tent legal evidence, the allegations which
the prime and essential facts
upon which depend the plaintiffs right to
enforce the trust sued on. Reversed and re-
manded. Walker, re.
q. II, Beauchamp VS.. |. & G. n. railway
company; appeal from Harris county. If
the evidence offered, being admitted, could
not properly have influenced the Jury to a
result different from that at which
they arrived, then, if it were i'm
properly excluded, the error is an
abstract one which does not necessitate
q reversal of the judgment. Where the
uahiuEe sucu luT was upon lne lallufc TO put
passenger of ut a station advertised on a
tlmc.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.. H. L. Partner; appeal
from Gonzales county. Where there is a gen
cral 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 @,
y. Bass ct al, VS.. l.. G.. Lewis ct al. appcal
from Victoria county. Where a deed would
be evidence, us an ancient deed without
proof of its execution, the power under
which II purports to have been executed
will be presumed. The institution of suit
by owner in part, there being nothing In
the petition to indicate IL was brought also
in behalf of any other part owner, did not
operate to stop the running of the statute
of limitations against others than himself.
Reversed and remanded. Dclaney,c.