The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1884-05-08

ths Ind smsnt ana 10 not a writ upon the
Judgment. liza c0ufs has tbs power 20 rem
der . udgmsni, u has the power 10 issue
process 20 enforce ~ execute u, when y
10 not pretended, psnding the original
Judgment, that tha justices court hsd no
power 10 lssua tho writ Of gATnishmeni, u
cannot he maintained hat inleTts, on Inc
claim than entering the judgment hight
fully rendered, makes II above 500, the
amount OF the Jurisdiction al the oonft,
Tue eerlihsd oops Of the Judgment against
the judgment debtor Was Adjustable. Hsy-
fng set up that judgment by answer, no
surprise eau DO claimed. Affirmed.
Psiillo ct a. vs. fhompson; nom fsnnin
county. Asnrd by Waits, ]. The quss'
the Determination OF the true Boundary
line OF the Cantrill survey, snd its relative
position with regard To the Weeks survey.
Apostles oaulot claim that appellants
were eslopOsd hy one Of them poiutine out
20 the surveyor. what his ialheE said was
tho corner OF tho Canirill survey, As he was
not informed OF the true location OF toe
corner and no dssisn 20 T. fiuencs appelles,
(who was presently 10 hhown. Tue hndins
OF the court IL ssainst the weight OF tho
evidence. Reversed aad Tsmanded.
Thompson W. Evans st al tIons Fannin
oousty. Award by Watts, !. Thlt caSs 10
virtually determined by lhs award 'n Pa
tiilo OF al W, Thompson supIs. /, Involves
the sams qnsst.sns regarding the same
survey. IN this oaee. however. the court
properly found spon the facts IN favor or
appellee. Affirmed.
These Gases are consent cases and In
them the awards are tiual) Tafts Va. BlAn.
too ct al. from Cooke ossnty. Award oy
Dslauy, 4. Suit By appellant on nye
promissoIy notes given for ths purcha sac
money OF soda ws,sr apparatus. The
suit was against z. and A. ~ psrtnsrs, who
were the Original makers of this notes, Il
Al assignee uador an assignment for the
benefit eforeditors, aed Il. aud h.purchnsefs
OF the property uadsr n duly recorded
mortgage ia Be- favor. EAoh sf ihe notea
rscited the condition precedent that title
n the property did noI pas' % Tho pur-
chssers, hut remained In the orig nal ven.
dor until full payment OF oil the notes, and
further oo.tsrred Special pSssr IN
take tho prop-rtT withou. pro.
COS. Of Law upoa the failure OF
the vandse TO pay any one or AL OF tina
notee. This suit visa = trial OF the right OF
property aud TO iorscloee the liSn claimed
by appellant ss created by the notss. III.
discl simsd. and ~ n him rha sn,t was dis
niissod, and also m TO p. and b. The answer
lien, II any existed, vis lot by bls failure
To duly record the notes. Held: THE case
il governed by our registration lave, ard
the innooent purchaser toe value. withont
notice, would Ike tho property. A Grad
i,or acQuiring iisn upon property slandh
on the same footing 90 tuch purch"rer. a
creditor who has acquired MORTGAGE with
out notice is La, creditor. While spp,l,
liant mas entitled 10 Judgment
sgainst the assignee. he cosid
that was alleged in the petition TO have
been the de'suitorY language used, Ia not
ground for excluding his evidence II tho
matters TO which he did testify did not vary
from the allegations. The evidence shoEs
that L. was insended by the appellant u
convey by her statement, the idea thai sp'
pellee Wga, as she AIS said TO be, Common
prosli,uts. This WAS adm'ssibls. L. was
proper 10 samit in evidsrce 'tatament OF
like import msdo by sppellsnt after this
suit was brought, as u tended TO sho" M
leo on appel .lt's part. 1t was proper to
refuse the requested charge in elect that
words charging woman with un-
chastity are not achievablo per re,
and to authorizes e recovery therefor
IL mus. be shown that the wordh
charged were spoken, uttered, etc., with
intent 10 iujuIc tbs chsrscLer Of the alleged
slandered party, aud 81 Understood
In consequence whereof dsns &c was dgOe
tina character OF the party. And also that
IL the law waS used With intens 20 iul1'e
and 10 Damage WAS enteiied tbs vofdic'
should be for defendant. Tho court erro'
neously charged that il appellee cou,i not
-eooyer on account Of her wounded feel
lnss and enfeebled condition, aod .inoE.
pasi,y to perform manual LABOR, but tao
ioss to her must be to her reputation and
sustained through the conduct OF otheIe.
Wounded feelings, enleeblea health ana IT,
capacity to perform manual LABOR wore
alleged, and evidence WAS introduced to
th.V hi tNH
was the result OF thG SANDER uaed
Q lch as are fairly snd reasonably con.ide,ad
eithor arising fromthe 'uat Cause oi thio gs
from such breach or such as may fss9on-
ably be supposed 10 have been in the cou-
tenn plation OF both parties AT tbe time tLey
made the contract as to the PROBABLE resu.t
thereof. Where the import o! o tslegranhio
message 10 wholly to The unknown COM
pauy's agents, it cannot be assumed tnnJ
he had in view nay pecuniary loss as to the
natural or probeble result OF failure 10 send
such message, the company ID only liable
for DomineI damages or the amount paid
for sending the message. The rule laid
down in Hpyes Va. Houston d Great West
cru railway (46 Texas, 279) cannot be To-
voked u1der the facts IN tAis case. A.
tirmed.
DAVIS vs. Dixon ct al; from Cooke county.
Opinion BY De!auy, j.. adopted. The only
Question TO be Determined in this case -
whether the stetuts Of liu,tstion- wes aus.
pended by the death of X. w. AllisoD. Toe
notes sued on were executed by him IN
Auguat, 1875. They fell due IN February,
1875, and they were transferred to the plain,
tiff by Allison IN July, 1876 Allison 1ied
in September, 1878 Taia suit was brought
December 15lh, 1880. Our atatute provides:
."In case Of the degta o. any person IN
whoserfnpor there may be cause OF action
the law Of limitation shall cease TO Iun
against such cause of action until twelve
months after such death unless gu admin
istrator or executor Bhsll have sooner quail
fad according to law upon such deceased
person o estate. Then and 10 that Gaze the
said law Of limitation shall only cease to
run until euch qualification The
courts both Of England and America
In constituting the statute OF Hmitsi1ons Of
James. I have generally neld: That when =
right Of action accrued TO party afser his
death, Limitation would not commence to
run until administration Was taken out on
his estate. Indeed, they considered the
words "cause of action" as implying that
there was some person in case c'pabls OF
bringing auis. But, trey universally held
that if the party were living whom the
action concerned, his subsequent death
would not stop the running OF the statute.
(Angell on lin. chap. ~ la this state, the
terms OF limitation in some cases are very
short, and the ruling OF the courts might,
ia auch cases, work serious hardship.
Hence, the proprieiy OF the statute
but acquire the title that was in his vendee
and that title was subject to the mortgage.
(57 Texas, 1874 Reversed and remanded.
Chronic Costiveness Cured by Brandreth
Pills.
BULLY BuENo MILLS, ARIZONA TERR.
Jsn, "a, lS8S.-For the lest two years l
havo been greatly troubled with costive-