Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-07-02
THE HIGH COURTS.
Syllabus OF Opinions Rendered Mt the
Austin Term.

Prepared especially for Tns GAZETTE by N.
Courts.
SUPREME COURT.
Joseph Tyler w. Davis ct al, appeal
from Llano county. Suit by the land
lord TO recover Of MS tenant, who holds
over at the expiration OF the lease. The
statement OF facts found in the record
was, under orders allowing ten days,
signed and approved within the time,
but were not filed until twelve days
after the adjournment of the court. IL
cannot, therefore be considered by
this court. From the judges
conclusions of fact 1t ap.
pears that the tenant entered
upon the land as naked
trespasser, afterwards contracted to
purchase and subsequently Cancelled
this contract and agreed to occupy the
land as u tenant and not as u pur-
chaser. The appellant does not deny
that as a general rule the lessee cannot
dispute the title of his landlord, but
contends that when the tenant is not
let in originally by the landlord but
being in possession attorns 10 him the
reason of the rule has ceased
and he may dispute the
title. Held, that the lessee can
not dispute the title of his lessor with
out showing some title or right of pos
session in himself, derived from n
source other than the lessor, and the
court did not err in giving Judgment
in favor of plaintiff upon proof Of the
lease the defendant not having shown
any title. Affirmed. Willie, G. j.
Hall vs.. Lott and wife, Robertson
county. Where the record contains
no statement of facts upon which the
Judgment was amended, 1t is pre-
sumed that everything necessary to
sustain the courts action was proven.
Where the record shows that the judy
ment was rendered for S52l.l7, but by
mistake was entered for S22l IL by the
clerk, it was not error for the judge Ia
vacation To amend the judgment.
Willie, G. j.
Marx & Kempner VS.. Caldwell
Young county. Where no order
appears in the record allowing the
statement of facts to be filed after ad
jOurnment, and 1t appears that such
statement was so flied, 1t canuot b,
considered as part of the record in the
case. In such case this court viii
only consider such objections to III,
courts charge rs are clearly agains
the law of the case as made by tn
pleadings. Willie, G. J.
A. 81 y. Railway Company VS.. Corn
well, Travis county. The fact tina
Cornwell. being u subcontracto
on appellee's road, may have per
formed a portion of the labo
required TO fulfill his contract, in hi
own proper person, did not constitut
him "a laborer within the meaning {
sec. -, Act of 1879. Rev. Stat. APP
p. 4 ], and therefore, he was not entitle
To the lien therein given. Reverse
and rendered. Walker, p. j. Adopted
A. IL n. Railway Company vs.. Oar
niels, from Williamson comfy. Th
act of Feb. IS, 1879, creates such priv
ity between mechanics, laborers an
operatives, and the railroad compan
for whose benefit the labor Is pc
formed, as entities the former to mali
tain an action against the railroad con
pany to enforce the lien given by th
; statute.
Where the items Of account 3,
forth and verified by affidavit are fl
cross-ties furnished, il is not an ope
account within the meaning of III
statute. Walker, p. j. Adopted.
Jones vs.. Lasater. from Park,
county. Where the judgment is by
court of competent Jurisdiction an
the only defect is that the citatio
issued to and was served in one count
when the petition alleged that d.
fendant was n resident citizen
another, such Judgment is voidab
only, and cannot be attacked. Watt
J. Adopted.
IL. II. &. Ry. Co. vs. Travis Count,
Travis. The maxim mclium temp
ocWh regi only applies
/ favor of the sovereign pow,
! and has no application to municip
corporations deriving their powers fro
the sovereign, although such powe
are in limited sense governments
: The statute of limitations runs again
r n county in personal action. Wake
9 j. Adopted.
Wall VS.. Texas & Pacific Rail W.
Company, Callahan county. Where
0 railroad corporation instructs its age
7 with power to employ and dischar
I the servants employed under his dire
8 ton, such agent must he considered
occupying the position of the mastt
and the corporation will be liable
: the acts of such agent which result
!, juriously to such servants. Watts,
!. VvyUNvy DnDn