The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-05-01
THE COURTS,
COURT OF APPEALS.

COURT OF APPEALS.
The following is the full text of the
decision of the court of appeals af
tecting terms of county conrts:
ID. Schwarts 81 Co., VS.. S. Lieber.
man 81 Co.; from Tarrant county-The
Judgment appealed from was rem.
derei at term of the county court OF
Tarrrant county, beginning on the
first Monday in September 1883, being
the third day of SAID month, and en-
ding on the 26th day of said month.
There was no authority of law fol-
holding term of the county court for
civil business to commence on the
first Monday in September 1888. I'm
der the law then In force the Septem-
Der term of county courts was fixed to
begin on the third Monday in that
month and the commissioners courts
at that time had no power to change
the time of holding said court (COnst.
Art. 5, Sec. II, Rev. Stat. Art 1173).
1t was not until the amendment to ar
ticle of the constitution became OPP
erative, that the commissioners
courts were clothed with the power
to change the time fixed by law, for
holding the regular terms of the
county courts for civil business
amendment to Art, 5, Const. Acts Is
Leg. page 1874.
This amendment did not become
operative until the fortieth day after
the election at which it was adopted,
Or. S. art. 1710-const art. XVIII. The
election occurred on the, second Tues
day in August 1883, which was the
Nth day of that month, (acJ IS leg.
page 1874, sec. p. 1t was therefore not
until the 23rd day of September, 1883,
that the said amendment went into
effect. 1t was not until then that it
was known to have been adopted
(Sewell VS.. the State, 3 Texas l.. r.
88-Wilson VS.. the State, L. Rev. 254
Real VS.. the People, AZ N. Y. 270).
1t being apparent that the term of
court at which the Judgment was rel
dered, was held without authority OF
law, the Judgment is a nudity, and the
same is reversed and the case remand
ed. Sam A. Wilson, judge court OF
appeals.
In James Evins VS.. State from Par
ker county. Affirmed. Evins was
sentenced to six years in the peniten-
tiary for theft of horse.
In Frank Bender VS.. State from
L
indictments were, two for passing
counterfeit money and one for having
counterfeit money in his possession.
and the sentences were for 5, 212, and
years respectively.
In Ben Davis VS.. State from Denton
county-atlirmed Davis was fined
$40 for miSdemeanor in pulling down
q fence.
In Sandoval VS.. State from BeXar
county, affirmed; Sandoval was SEN
fenced years for theft of mules.
In Ross VS.. State from Wise county,
affirmed Ross was fined one dollar
for misdemeanor in tying a party
hands togt ther and trying to take him
with him.
In the case of Lawyer Cowil alias
Cat Cha-Fick Hays from Grayson
county, affirmed the allegations are
that Cowil, July 80, 1883, in the Greek
Nation, stole horses belonging to
Fred Brown, and carried them away
and sold them in GraySon county;
that the offense when the horses were
taken was punishable as theft under
the laws of the Creek Nation. Held.
The Indictment is IN accordance with
the law. Wilson j.
In Moore VS.. State from Ellis coun-
ty, affirmed I; Moore was sentenced !
years for assault with intent to MUIR
der.
In Beville VS.. State from Wise
county, one Carter was arrested by
Beville for an alleged breach of the
peace in being intoxicated in a pub
lie place Garter was refused bond at
the time, and Beeville was convicted
for false Imprisonment. Held. The
arrest and Imprisonment were proper
and that the offer of Carter to
give bond did not affect the
question. 1t was the duty of the
marshal or his deputies to arrest and
confine Carter until he became suf1i
GENTLY sober and rational as not 10
be a nuisance to peaceable and orderly
citizens. Society has rights as well as
the citizen, and when the good order
of society is invaded and defiel her
officers should act promptly and effec-
tively-Hurt, j.
In Bill Bass VS.. the State, from La
mar county, affirmed, Bass was con-
victed for the rape of Miss Lou Will
liams. an inmate of the poor farm OF
Lamar county, and his penalty as
sessed by the jury at death. Indict-
ment alleged force, emitting threats
though these were used. Miss Will
liamS was about twenty one years of
age and paralyzed. Held: 1t was
legitimate to prove the threats,
though not cited in the Indictment, as
being RES GESTA and important In
passing upon the character and degree
of force used by defendant to Occom-
piish his purpose, etc. Art. 529, Pc
nal Code requires the force to he such
as might reasonably be supposed tC
be sufficient to overcome resistance
taking into consideration the relative
strength of the parties and other cir.
cumstances of the case. Judgment
affirmed; Hurt, J.
In Missouri Pacific rail way COM
pany VS.. Nicholson, from Tarrant
county. Nicholson sued to recov
1882 damages for alleged failure II
| transport beef cattle from Denton t.
Chicago within reasonable time,
sulting in the death of three head o
cattle and loss of flesh in the others t.
$500 per head deterioration of thel
value in market. There was verdic
and judgment for 1915 in favor o
plaintiff. Judgment is affirmed ant
| ten per cent. damages awarded for de
lay by frivolous appeal.
In Millington VS.. Texas and Pacifi
railway company, a suit for loss o
goods, there was an original deman
| for $3.50, and subsequently, for 1852
| for the value of the goods. For tn
/ first, petition was filed September
4 1882, and for the latter, amended pet
ton December 10, 1888 The statute G
limitations was pleaded and judgmen
went against plaintiff for costs. Th
contract for shipment was made i
| writing, and goods delivered to tn
company July 10, 1879. Held-Th
| suit is founded on a contract in wri
ing, aud the cause of action rs preseI
ted 10y the original petition was ne
; snch as TO be barred by the lImitatio