The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-06-16

holds: rhat the sta II ute Of limitations OF
two s.uis he's proper application 20 q
county, sciion In a nerf0nai lult. Whefs
t7s defendant pleads q central demurrer,
general r~niai, ARA Then the statute ol
lmnri1s. the lA't-r N not tubiect "a The
a"gjscunu ma y L. not Had n The Proper
nr1.r ni n~lssilug. II vsrssd and remandsd.
Wei " txa. A. pacito railway; from
Cdliban coun'y, Opinioo BY Watif, 4,
aim 90. r,nintiti IA u NE Tor damages
Tor ifjuu,s 'rn iven by him while car In
sps o'ss NJ II wnsfetf u, N tiiecci, alleged
thai n. IN The end ~ a al vision on The CON.
pany'a llns. aud "a, II has there q depart.
ment for Toe repair oi carr: that In October,
1881, ~. was fnIsm.n OF mat department,
with toll power and authority 10 employ
ana discharge III ter sHiH Engaged therein;
that plaintiff was empl0rcl ns servant M
that department, nbn WIS subject 70 The
Immediate contrib snn direction ~ 81; that
there was a ssilcn NJ y. us.d "a ~ pair cara
uron; inst when Injured, ore sar was
standing on fnid ir.ck for repAif,
aud II, directed plaintin 70 work
upon II. bu', ~ The time tho eWitch being
used IN moving Other cafs thereon, plain
tif pNintei out u N. tho dagger attending
he service, who sgsaural plRirtlfl tnat u
guard would be 20 nlgctd az u rive him
timely warming OF approaching danger, aud
directed him 40 proceed with mo work;
that relying up0 his ASSURANCE, be under
took To perform the service, and while Gu.
hfr he car making the reptlrF. without my
nollcs VIA ever, oihsr cafs wers run
against that ORG upon whicns he Was work.
log aud he was thereby injured; that NJ.
ailod 10 cOmpir vita bis assurances aud
plhc-d no guard iu position o. notify ulnin.
STA oftnn spp-ouchlug dagger. Hold: The
petition ga gl q glod cause OF action, aud
the rc'a ion OF i,iloV eervaut did not Rplly
us beta. en- plhint II and N. Reversed snd
rsmarde
COURT OF APrgALs.
International q Crest Northern railway
vs Schmidt; from Hays county. Opinion
by White, . J. Blu q eingle quuBi0n 40
y .seuted, to- vi; Where the court be.ow
iti's b. charge the jarv 90 10 the measure
OF dsmages in II for dsmsges, viii such
error, n excepted 20 without requesting
counter ins rucfi1us ouging tho nmission,
OF necessity cause r reversal 81 the jndg-
meni2 Here there wee no conflict % 10 Tho
market vglns # tho animal killed, which
was prov,R 10 be $3.50, the amount teoov-
osed. The charge of tho court il not com.
planned OF except la the particular men,
TONED, nnd 10 contrary instruction was
asked % cure The omission. Hell: There
was 70 chance for ihe jgfy 10 nave been
misled ns G. the value vi the animal and
the oni'stoa Of the cnnrt, therefore, Is
not ieveTsible error. Anlrmed.
Fulton vs.. Thomas 81 al; rom Denton
county Opinion by Wilson, ]. Where de-
fsnosnt appeared and answered 10 the
nicrtts oftue case IN the in-tice's court. %
h ia feet, a waiver a, AID cured whaffy r
defects there were in the ci,g,iun Or service
thereof Nv. & W. Con. Req. Sc. 500,
6s5). On appeal from Justices o1ur', tte
tTlal in the county court L. On u1ve,R.d the
de'eudani could unig set az such MATTERS
ot dei, nse as went io the rpti' Of the ac'
ton. Where. 30 The county c'uft, the
court permisled toe Hl.s ~ De plrutg
composing The erin 20 ba aripret % tho
docket. Hold: this Fas nos error. NJ new
mater was Headed, nor was e. adding new
parties TO tbs suit. Affirmed
international q Grsat Northern railway
va. Ssuls; from WiliiameoI county. Opin-
ion by Wilson, !. The citation in this
case was issued directed 10 tho saeriif or
any constable Of Williamson county. which
commanded ss iollows: You sra hereby
commanded 10 summon (F. ID. Urgles agent
Of the Iutsrnatlo. oil " Great Northern
Railroad company 10 appear, etc." Held:
Nos % he g valid citation, becau'e II does
not command the officer 20 summon the
defendant Ia the suit, but merely COM
manda hat tte agent OF the defendant he
summoned (Rsv. Stats. Arts. 1915, 1923, 81
Texss, g.. Rsvefsed and remsndod.
Revnar vs. the State; from WEBB County.
Opinion by Wilson, !. Appellant was tried
and convicted upoa an indictment charging
the oiiense oedued in Art 4i3, p. @. Fol-
lowing the verdict the judgment reads;
"WherefoIe, IT. 10 considered by tho court
that the defendant " " IL adjudged 70
be guilty Of the offsnse Of Forgery az found
by the jary," etc. Hold: The Judgment ia
incorrect, bpt Il 70 in the . sr OF the
court TO reform and corfeot the Judgment,
70. G.. p ART $50, 10 o.. App. 073; ii Ut.
App, 50i); winch IL accordingly done, aud
rs no further error appears the Judgment is
reformed and affirmed.
Texas & PHc iic railway Va. Nelherlsnd;
frcm Taylor county. Opinion by White,
p. j. Appellant appealed 20 the county
court from \ Judgment rendered IN the JUS
tlos's court. In The former court the case
was Continued several terms, but az the
January term the ~copJinuance was ny
agreement OF parties to the next term OF
couft.h At The nexs term, apDellee's mo-
tion to dismiss was sustained, because APP
pellant "had not (erved on appellee, or on
his agent or attorney, IS Is required by
Art. 1859 Rev. State. % amended hy act OF
tho legislature approved April IL, 1885,"
aud the cause dismissed. Held: The notice
ia wriiiog was not required by the facts OF
this case, ~ the ngteer'e nt on the part OF
Appellee TO continue tn cause was tuch an
appaQrahce IN obviaied tho necessity OF
service Upon him OF tho notice in writing.
Reversed md remnpded.
Wrought Iron Range com oany We.
Brocter: from Grayson oouoty. Opinion
by WILSON,. A judgment may be entered
UPON n claimants bonds for the value OF
the property, with legal interest thereon
Cart. 1913, Rsv. Stats.), snd $40 damages.
AZ to the costs OF tho suit, the conditions
OF The bond obligated appellants TO pay the
same (Rev. Stats, Art. 4S27), and Judgment
therefor was NOT erroneous. Although tne
Judgment Is rendered on the claim ant's
bond for moro than appellee Is entitled to
collect, and be IL only entitled TO receive
the amount of his debt. interest thereon,
the damages awarded and the costs, yet
when he has recsived these amounts the
Judgment is satitfisd IN full. Under the
law rs it now Is (Rsv. Stata., Art. z8i5), the
judgmt nt TO be rendered 10 unconditional,
pu. may be satisfied upon the return OF the
property, etc., within ten days. Affirmed
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