The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-04-03
COURTS.
SOME LATE DECISIONS OF THE
SUPREME COURT AFFECTING
PENDING LITIGATION.
Some Reading that will be a
Bitter Pill to some Travis
Litigants.
Likewise Reading which Will be
Joy to the Fellow on the Other
Side OF the Precedent.

Side OF the Precedent.
a STATESMAN representative makes
the following extracts from decisions
of the court of appeals, all of which
have direct bearing on cases now
pending in the district and county
courts OF this county. The first one
about
HUSBAND AND WIFE,
Selkirk VS.. Hammond, from BeXar
county.-As to the husband control
over the community estate of the wife
after her death, see 16 Tex. 468; As Tex.
POI. 1t has been settled that judg-
ment obtained against the husband
after the death of theWife upon COM
munity debt, whether the suit was
brought before or after her death is
binding upon him aud her heirs, al
though the latter were not parties to
the sust. An execution sale of COM
munity property made by virtue of
such judgment would devest the hus-
band and such heirs of all interest in
the property. The plaintiffs in error
had families of their own at the time
of the death of their mother, there were
no minor children at the time, and
objection that the trust deed executed
before the death of the wife by the
husband alone, could not be enforced
| because it covered the homestead, can
| not be maintained. (52 Tex. 164)
While during the life of the wife a
sale of the homestead, under the deed
of trust executed by the husband
alone, could not defeat the wife's
homestead rights, she alone could as
sert the exemption against the forced
sale under such trust deed, 1t is
the settled doctrine in this state that
a b. nd for title executed alone by the
husband to convey title to the COM
munity homestead, can be enforced
after the death of the wife. (23 Tex,
$50; q Tex. 450) Affirmed.
PERSONAL INJURIES.
East Line & Red River railroad VS..
Harper and wife, from Marion.-This
is an action brought by the appellees
| to recover damages, both actual and
exemplary, for the death-through ap-
pellant's negligent agency-of their
son, who run on appellee's road as a
United States mail agent, To the pc.
tition the appellant answered by gen
eral demurrer and general denial, and
pleaded specially that the deceased was
at the time of his death and
for three years prior therto
had travelled it as such; that he thereby
had assumed all risk of injury or death.
The special plea further set up careless
ness and negligence on the part of the
deceased, in that at the time he was
thrown from the car and received the
fatal injury he was standing at the
door of the mail car. 1t further al
legged that the defendant well knew
the condition of the track, and that
broad-gauge cars were being run over
narrow-gauge track, Notwithstanding
which he continued in the mail ser
vice, running over the line. The
plaintiffs alleged willful act of gross
negligence on the part of the defen-
dant il the use of broad-gauge cars
over the narroW-gauge track. Exem-
plary damages in the sum of 5000;
actual damages in the sum of $500,
and funeral expenses in the sum of
500 were awarded plaintiff. A re-
mittur of 1904 was entered by plaintiffs.
Affirmed except as to the funeral ex-
penses of 500.
JUSTICES-MINORS.
BraZoria county vs. Turner, from
Brazoria county-By the 22d section
of Art. of the constitution the leg
islature was given authority by local
or general law to increase, diminish
or change the Jurisdiction of county
courts, civil or criminal, and in case of
any such change Of Jurisdiction, the
legislature shall also conform the jul
riSdiction of other courts to change.
1t is held to have been the purpose of
Art. 1165 of the Rev. Stats. under this
constitutional nrnIricinn 70 CO oh
the appellate Jurisdiction of the county
courts that it would not be limited
to the amount of the Judgment rem
dered by the justice, and to extend it
to cases wherein the amount is con-
troversy was over 800, though the
judgment was for smaller, and such
was the exercise of a constitutional
authority. Trials of appeals in county
courts, being de novo, the amount in
controversy becomes the same in that
court as it was in the court below it.
The county court had jurisdiction,
and erred in Diminishing the appeal.
Reversed and remanded.
Texas 81 New Orleans Railway Co.
VS.. CroWder ct. al, from Harris coun-
ty.-It has been previously held, in an
unpublished case, that the fact that a
miner was employed as a brakeman by
a railway company, without the con-
sent of the parent, did not authorize
recovery of damages by relatives; that
minor might make contract without
the consent of parents which would
create between himself and the rail.
way the relation of master and ser
want, and with it the rights, duties and
liabilities which attach to that rela-
ton. The charge OF the court IN this,
which was a case seeking recovery
for death of minor employed with
out consent, the court charged the |
converse of this rule, which was error.
The charge was otherwise erro-
neous, in that it includes no question |
of the appellants negligence. Re |
versed and remanded. Stayton, J.
LEGION OF HONOR.
Supreme Council American Legion |
of Honor VS.. Anderson, from Whar-
ton county.-The agreement of coun-
sci with reference to certain, though |
sweeping in its terms, was not such as
could preclude the objection of appel
liant to the competency, ETC., 'of the
benefit certificate. The objection was
oVerruled not upon that ground, but
because not good in itself. The objec-
ton, however, should have been sus-
tpined, inasmuch as it pointed out a
material variance between the benefit
certificate declared on and that offered
in evidence. On another trial this va
rance can be cured by amendment,
insists that, as the certificate
does not bind it to pay the full amount
of $1,000, but only out of its benefit
fund an uncertain amount not to ex-
coed $1,000, the onus was on the ap-
pellee to show that its fund was such