The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1884-02-07

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ihs l'st eai hsrd.d IN sach l.fif n
.t..frt the lifr strl Zoe tIs nni thus De
.ltrfsnt % itrIff 10 the tilsi 81 the case ID
ilfy. lie t1ufi sustained the ohieo i1t
aui held tff1T Inc c1nH should have
|pffuiittfd the pliInilii iO Hmsud the aiiiia
w sp AZ 20 CnTsfnnld with the require
merts NJ article al, ss N YES inleatsd, in'
asnu1u As the e. a ned Uricefiei ~ tsr nj
u he'd uud r1ud boz ~ euy hsya prfiudicsi
the de'eudArrs Iisn's, Reversed and Tf'
srDrt e. al " burr, from Orange county,
/ upiHilu hY SA,tu.i rhis care Ets me-
\ iii- mi tOur' ones before. 90 Texas, 10
/ The petition UlE iu respect 20 ihH ma'sFial
/ sllrF- tons as o. tle suhiect matter sud she
pariips 10 the s,L.e as lhen, aud tue hold
I .ns INrfe announced therein ars again
I here held, sUt tra ease beins In material
I Hshfci diiI tho fniiuF there held Il
lgp4iu announced Affirmed,
| Allen IS Wnr.sln 20 FL; IRON Houston
county, Opri1u by West !, The pay,
mrut ~ aKts he rTavr q supp a. q plea of
I limitations msy be- proven gy Competent
/ uiTuumstaIiiM tVilrLcr Just as any other
| Bof The proof IN the present case sus'uins
I tne d ulug ~ he cont below on this point,
aud a, that is the main Issue the judgment
Is affirmed,
TnumAs rs tue STAKE, from Bell coutty,
Ciuy.CIllu I lhril, ,lum he pe' sou, OF an
ayrIclst aud several NanlksIehiels, What
pur,uris 90 Oe a s'a ement OF facts cannot
hrs cln,idgfrd, - d; Wa ne or hled IN
tue cUur. below, fAs caaTse OF the c1utt
NOT buinE excepted 70 nor made u ground
al the mt "a luT rev uiai, cannot o. no
i'ctt nDT, - thffe l3 20 Iluiameh'al error
therein, Affirmed.
HUI, w., INC s.ato from Washington
county, White the charge VI the COURT on
self defence i5litd 10 .usiruc.
the Jury as 10 ms reasigaAie
auprpH VIS'pa ny utl.t cant
that bis wide was In DAGGER ot her LIE or
serious bodily harm a. tha hands Of the de-
ceased, yet ~ ihc error was MOI eSpsc,tu 10
~ the lime, nor made - ground al tue
motion tn new td4l and NOT noing !nu'
dlmrptal egr0rit cannot BIZ noticed. At
Gain VI. Salinas from Webb county.
D Union by HUT, !. Wlere 4 sued u flf
4 billuCc due Tor rus Tent oia certain bud
log .ud b answered under oath admitting
A
an tir,RL 81 "A ifvm2'i account Tor Epils,
ws-r, aud m srcla Hil,a sold and delivered,
Eu! the cuuri sanlipsi evidence "a dis
prove tHiglccOlnt without al affidavit de-
nyirE IT. Ia tutss, held error. As BIS Pc
ftinn s..'gs "thlt plaluiil being a. various
imC lie -lTuus Ol uD'HiHiug rom defendant
divers sums oiiGon,y a'd hmnunlsoi io2d',
wares aud InsrChandi.c, oil not demand
payment Of said rsnfs aud advances, hu; al.
4 lHF ~
money, vllue 0i goods, wares and mef'
ohand.se 10 continue gs an opsn ncccunt
L. comes within the m.Briug Ot the word
acc uu, used IN article ., 2tG revised statues.
L. served and femlgded.
Brown VS.. Eagle from Fay
Suit Tor rent. la which the landlord
1t levied upon Ger ain cotto.. Toe
testimony showed that he did not
rent the premises 10 defendant but sold IL
to him for 800. He never demanded rent
but interest on LIS money" That he
took the place pack from Blown because
he could not pay Tor il. That they had "A
settlement 10 which IL was agreed that
chase and tnit Eagle s"ould have l,4OO
pnunds of cotton belonging to Brown.
But upon hearin,, tli' Brown was shipping
e rn,s cotton this suit was brought.
Held: The evidence does not support the
verdict and the judgment is reversed and
remanded.
Leal vs., Noodhouse, from Webb county.
Opinion ny Wilson, j. In cases OF suit
upon a promissory note, where the defend
ant sdes out of the site al d the service
is had out of the state and judgment by. de.
fault is taken, defendant not appearing,
it must appear that the notice aud he serv-
ice thereof hav. been made in strict conf
pliapce with the requirements oil
The statute, not only as to mat
tiers of Substance but also of form Where
the parltion states the notice was filed July
81, 1883, when in fac. said petition was flied
July q, 1888, and it further appears that
the notice IS not attested by the seal OF The
court, Held, The note does not support
tn jedsment.by default. Reversed and re-
manded
Allen We. Pierson, from Falls county.
Opinion by Wat ., ]. Adopted. l. Where
inadequacy of price unattended by fraud,
or irre.rlarty producing the same, will not
authorize the aunulling of q sheriff's sale.
2. Where the price is grossly inadequate,
slight additional facts showing fraud ;,
irregularity, or other circumstances cal
Gu ated to prevent the property from
bringing something like its reasonable
value might be sufficient to avoid the sale:
In law the term gross insdequacv OF
price is used to designate such consider
alton rs no fair minded person would offer
for The property. Reversed and remanded,