The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-02-15
THE COURTS.

THE COURTS.
SUPREME COURT.
Lay ct al W.. Blnnkenship & Co., from
Caldwell county. Opinion by Watts, ].
| AdnI ted: Butt TO recover value oil cotton
| $500 ,0O) ard $4,000 exemplary damages
for fraudulent aud malicious conversion
and disposition OF same. Judgment wss
rendered tor the value OF the cotton $3.50 10
The motion in arrest OF judgment presents
the important question rs - the iurisdic.
ton OF ne court. Held; In actions OF ex-
coutractue, Jurisdiction mus. be deter
mined by the amount Of damages claimed;
where, however,. damages not recoverable
under facts are claimed Tor the purpose Of
giving ilrlsd elton. which would rot other
wise attach, The court must dismiss the
cause. II reasonable doubt aB 10 the re-
cDyery exists, or where the party Nigh
have reasonable grounds for believing be
could recover an amount within the iuriq'
tlotion OF the court, the presumption will
be In iavot Of the jurisdiction. % Tex. li6
| IL Tex 27u.' In this case. fraud, combiua
! lion aud malice Ia selling the cotton
are alleged as basis for
damages in order 10 give the
court iuri7dio'ion. Held: Such allegations
may constitute q foundation for such q
! Cliim, and i'm some instances vii, warrant u
recovery, out 90 entltio party 10 recovery
there must be special injury resulting Op'
| proXima'ely thorelrom. To illustrate :
/ Although q party may he aciuated by III
/ will. or design TO iuiure in suing out the
writ, II thare be probable causes, rxfm.
| p.afy damages cannot DO recovered 90
| Tex. 1850. In malicious prosecution cases,
! although The party be GCtuated by malice
Ia .etsing tha prosecution on loot, IL prob-
able cause exists, damages are not recoyera-
Bile as Tx. J39). The evidence taken In
connection with the allegations in tDe pe.
iitlou clearly show the asserted claim tor
exemplary danares to be made without
expectation OF recovery and in order ia
confer iurIsdiction on the district court, the
Judgment 10 therefore reversed and the
case dismissed.
Jerrafd vs.. McKinzie. From johnson
county. Opinion of D,lany,j Adopted
The court below dismissed this suit. boldinp
It. had no jurisdiction Held. Under section
10, Probate Laws OF 1913 Il Pas. Dig. 1850. A
creditor could not proceed directly against
the executor in the district court. but he
NUT summon the heirs into the
probate court, so IL they chose
they might execute the proper bond 10
| Tex. 500. The amendment of 1862 PAS.
Dig, Art l73I) msds many important
| changes. The Revised Statutes (Aits. 1914
aud l9i5) contain the above provisions. Had
the petition alleged nothing more thar mis-
man agement of the plaintiffs wards prop
erty by the executor and the suit been
merely to protect their interest against his
improper conduct the Judgment rendered
would have been correct. But, as the pc
ttion alleges plaintiff Is the Gully appointed
guardian Of the estates OF the miners and
the payment Of oil the debts OF the estate
and that the executor has for many years
used the money and proper OF plaintiff
wards for his own benefit, the court hOlds:
Ina proper case the district court by vir-
tue OF its general powers can call the indie
pendent executor 10 account and com cl
him to surrender TO the duly appointed
guardian tho property or funds OF the
wards, which he may have in his possession
The court erred III uismissiDg this case tor
wait of Jurisdiction. Reversed and re-
manded.
Treyino vs.. Cantu; from Cameron county.
Opinion OF Willie C. CaItu bought from
rrevlno certain land Tor 5000, with the
understanding that If the title failed Ire
vino should pay damages to the amount OF
the purchase money. Held: He was to
that amount Q gusrantor Of the title. fhe
netiton alleges the belief on Trevino's part
that the tills has failed, confesses that fact,
prays o release from the obligation OF war
! raIi'y and seeks TO require Cantu 10 accept
81, 900 and then re.convey the land. No
| fraud or mistake OF fact Is alleged. Held:
The party furnishing no reason for res
cision Of the contract or q release oil the
vendor from his warranty and the vendee
not being able to recover upon the war.
ranty until eviction, or had he yielded
possession and risked the superior out
standing title against his vendor (5l Tex.
l7s). No right to the relief as sought was
shown and the demurrer was promptly sus-
tanned. Affirmed.
COURT OF ArrEALs.
Hester, ct al, VS. the State 1.-TWO cases.
and Arlington, ct al VS.. the state, from
Gonzales county. Opinion by White. p. j.,
covering the three cases. Appeals from
forfeited bail bonds. Each bond substan'
tlslly complies with the statute 20. q. Z.
Art. 2Ss). The next succeeding grand jury
found indictments. They were for theit
and we're drawn in the CON mon sense form
which has already been held insufficient
~ CT. App. 395). Two points are raised;
rhat the indictments beng void, the Iuds
ment of forfeiture is void and that the
Judgment is without evidence tc
support It, rs no appearance pond was OF
tered. Held: The sutficiency Of the indiot-
ments cannot be questioned by the suret lbs
on bail bond, or recogniEance al Tex. 100
% Tex. 40. Held: Also, TO eLt,tle The
stats to a judgment final, Il must prove
the cause oi action as In a civil case. This
is done, first by the bond; second by tn,
Judgment nsi. declaring it forfeited. with
out the appearance bond offered IN eyl
dence 1t is insufficient. Reversed and re
manded.
Morris va. the State. from Milan county
Conviction for perjury. The indictment :
good and sufficient. Tho charge of tn
court full, fair and impartial. Inc state
mept Of facts being filed too late, cannot b
considered and the presu N ption is that tn
facts as alleged were proven. Affirmed.
ltundine Admx. vs.. Grove ct. sl., fen
Galveston county. Appellee sued apptl
| ant for tornev's fees Que by appt ant
testator.. Apps liant plead the statute OF lin
itation, excepting specially to the pet
He'll: The petition on its face not show
ing, nor the evidence adduced proving tha
the claim was barred. the exceptions wer
prone ly overruled, and there being no ei
, ror the judgme 1t is affirmed.
A doctor of Osvego, New York, has a liy
wstersnake, very small which was vomite
up recently by one OF the doctors raii, ht
: When viewed under microscope the li't
reptile has the head OF n bul dog vii
horny protn berapces over its ewes. u is
hideous looking animal, but lids iair TO DC