Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1883-03-29

I Of which appellcnt can complain. The
! indictment Is Sufficient. The charge
OF the court ~ unobnoxious and clear
~ embodies the law applicable TO the
| facts proven on the trial. The verdict
1--WE, the jury, find the defendant
I guilty etc. II sufficient and can be
| held Liable 10 the objections Urged
against IL. Affirmed.
Houston Va. the State--From Gray
son county. Opinion by Hurt,J. An In-
I dictmentis fatally defective which fails
! tochargc the owner Of the thing stolen.
I Here the indictment reads, did
/ then and there uulawfully and Will
/ fully purchase from William AIRING
ton certain animals etc. Held, IL
must appear upon the face Of the in
dictment or information, and from no
other source, that II true, the defendant
therein charged is guilty of the ofiense
charged n Tex, AS; CT. App /,
COS. While II may be true that In
Inisderneanors all are principals, yet
IL does not follow that appellant would
be crimiDally liable for the act Of his
agent unless he had authorized him TO
purchase and receive the cattle with
out bill Of sale. See this case in
full in ] Texas Law Review Affirm
ed.
Roeenbaum ct. nj. VIZ. Harloe--From
Galveston county. On rehearing.
Opinion by Hurt, j. The question on
rehearing arises solely upon the right
Of the wifeto sue ils "A femme sole with
out Joining her husband. The petit
ton alleges that she is "a married
woman, but that her husband has
abandoned her, and that che supports
herself by her own cxertions and
hence brings this suit as femme sole.
Held. sufficient. The learned Judge,
In very able and exhaustive opinion
fsee II Texas Law Review, thoroughly
discusses all the authorities pro and
con, and arrives at the above conclu-
sion. TO follow through the mazes of
the exhaustive opinions would be II
consumption Of space TO no good. Re
hearing refused.
Schneider Il Go. w. Fowler and
wife from Fort Bendpounty. Opin-
ion by Wilson, j. Where property
purchased during the marriage was
purchased with the separate money of
one of the parties, 1t remains the sepa-
rate property of the party with whose
money II WINS purchased. a married
woman Is not required to give notice
of her title to personal property by
record or otherwise In order to defeat
"A levy upon IL for n debt of her llus-
band. Nor does failure to register
her separate property under the stat
ute In any way affect her title to It.
Where the mark or brand is recorded
in The county whore the stock Is found
10 be- Is constructive notice of tjtle to
the stock in the person In whose name
the mark and brand are recorded.
Affirmed.
Gulf, Colorado e. Santa Fc Railway
w. Holt From Johnson county
Opinion by Wilson, j. Article 1917
of the Revised Statutes, requiring the
charge to be given in Justices courts
In writing IL merely directory, and II
violation of II Is not such mn error as
will set aside Il Judgment. The contro-
vcrtcd question In the ease is was the
burning Of the property caused by the
fire emitted from appellants engine?
Held, IL Is competent to prove such
fact by circumstuntinl evidence. ii n.
y. CT. App, BIS The setting on fire
of grass, etc, of landowners on the
railroad 10y sparks of fire emitted from
the eonipnny's engines docs not of it.
self Justify the inference of negligence.
Evidence that the company's engines
emitted sparks, either beior or after,
but ut the place where the fire occur
red, Is admissible to show both the
possibility that 1t sci the fire inques-
tion and rs proof of negligence. The
jury having passed upon the evidence,
and ~ there was amply adduced evil
dence to support their verdict, the
Judgment Is affirmed.
Hail vs. Magale Galveston
county. Opinion by Wilson, j. The
remedy by certioari Is independent Of
and In addition to that of appeal, 1T
l.As been held that the petition for
certlorari should show good cause why
the applicant did not appeal q Tex,
3D., but this Ia not regarded ms author
| ity. II Tex, GIG. A party can not
haxe a writ of certiorari on account OF
any matter of which he might have
awaited himself before the Justice OF
tho rsavc, but which without any ap.
| paunt cause, he neglected TO urge.
Where it appears by the allegations
of the petition that the petitioner has
merits and there IL Il reason 10 apprc.
hend that injustice has been done him
without amy fault of his own, he Is en-
| titled to the writ. Affirmed.