Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-01-26
THE HIGH COURTS.
Synopsis Of Opinions Galveston Term.
1854.

1854.
Reported Specially for tho Gazette.
Stephen Hubbard VIZ. J.. w. Todd
from Kaufman county-The recovery
OF actual damages in this case was for
500, upon an allegation of actual dam
ages of $i73. Objection that the dHo.
Qdta and probat, do not correspond
because in some instances the proof OF
items was in excess of the amount
/ claimed, and in Others less, is not ten
able. nor operative TO defeat verdict
within theamount of damages claimed.
Objection that there was error in AL
miting prouf OF deterioration OF the
value OF the goods after the levy of the
attachments because the petition con-
tanned no sufficient allegation to adj
nit the proof, is not sustuirted by the
record. such testimony was proper
10 show injury and malice under a
proper allegation of damage. The trial
court did not err in receiving remit
titur of 800, attorneys fee included III
the judgment. In charging the jury
not 10 exceed in amount the damages
clnimed, ii their verdict should awuru
damages, tho court did not err in
naming the amounts claimed. Re-
hearing refused. White, Z. j
Gomez W.. The State, from Duval
county-While it is true that in order
to sustain verdict OF murder of tile
| first degree. the state is required to es-
tablish express malice beyond II rea-
s"nuble doubt, and TO the ,tisfaction
of the jury by competent evidence, il
| Is not required that thus evidence shall
be direct. Such proof may be entirely
circumstaniial aud may be deduced
| from evidence of the cool, calm and
circumspect department and bearing
of tue party when the act is committee
and immediately preceding and subse-
quent thereto; his apparent freedom
from passion or excitement; the absence
of any obvious or known cause 10 dis-
turb his mind or arouse his passions:
the nature and character of the act
done; the instrum' mt used as well ~
the manner in which the murder WAS !
committed Unless the evidence is I
sufficient to raise The issue of self-de-
Tense, the charge should ignore that
grade OF oiiense. Affirmed, the lenal-
" being death Wilson, Judge.
Houston d Texas Central railway |
VIZ. A. Slmon, for use etc, IRON Wash |
ington couniy-It is provided by the !
statute controlling the subj ect, that in |
order to constitute II sufficient grouud |,
for certiorari, the facts stated
must show either that the justice OF the
peace had no jurisdiction of the
case, or that Injustice was
done to the applicant by The final de-
termination of the suit or proceeding,
and that such injustice was not caused !
Dy his own ineXcu>aDle negle I. There |
~ no pretense of want of jurisdiction |
in this case. The cause being for fail. !
ure 10 deliver box, aud the defend !
ants appel lants) having pleaded de- |
livery, the burden of proving that de-
tense was upon them. No attempt To
make such proof il disclosed In the |
record. Held, that the county court did |
not err in sustaining the motion to I
dismiss the certiorari from the justices
court. Affirmed. Wilson, j.
L. X. Welder Va. n. Dunn, from
Zee county.-Appellee sued appellant
as surety of one T., TO whom lie hal
suo-let mail contract, for ailuroof +.
10 perform the service. The petition
set forth the obligation entered into
by appellant and performance there
or on The part of app lice, and F's.
breach thereof Held, sufficient on gen.
erai demurrer; and further that In.
contract sub-lettiug To Il. the contract
10 carry malls bound +. To perform
that duty for the time specified in the
contract. IL was the duty OF the con.
tractor TO employ some Other y, rson 10
perform The service in default of +. on
as reasonable terms as possible, and II
these terms were in excess of his con.
IracI with Il. he was entitled To re-,
cNer the excess In an action upon The
contract But the evidence In this
case Rails to establish damage, or that
appellee performed his part of the con.
,ract. reversed aud remanded.
Wilson, j.
Leon Blum VS.. Root Il Dow and
holloway, from Fayette county, Nh,
Jaw regulating venue provides that mo-
,etson VINO Is an inhabit mt of this
'ta'e shall be suei out of the
county IN which lie has his d,micil,.
except IN certain enumerated cns,s
one OF the defendants In the original
,uit herein pie piei u contract will
Leon Blum, and prayed that he b.
party defendant In suit against
nun III Fay county Blum pleaded
- the jurisdiction of that court over ,
ils person, there being no written con.
Ihrt periormable In Fayette county
ma the said Blum being a resident ~ !
laiveston county. Held, that the ple.
'ue jurisdiction should have been
assumed. The contract pleaded bv J,
u, IN attempting 10 make H.
,'un, party was that Blum ayrerd .,
hold hin safe againW any iudym,.n' u
entered or that might be rendor.d q
sa'hsl MN. Held that. whether or
~, under any circumstances Rim,
sas proper party. he was net a neees. ~
Wy party, and Holloway could hay,. N
maintained an independent snit ~
-Ach OF contract or for specific nar.
'rniance. reversed aud dismissed no Ar
bllim WI Hanson, Judge. ~ -
9; Chivarria vs.. the State ,ro, =,
'suo connty.--An Indictment fnr ~,
'u,uer may, ina single count md "a
,.nnut dnrlicity, charge the prisnnar ,n
accused with the murder ~ TO-, wv
sa us VT snnn by Tho same ~, M W
charged the ufr.suss ". nc ~
'een committed In Webn co,s,,s, nave us
ne proof showed 1t 10 have h..eyy NV ~
ni,seh III Encinnl cnuuty. nm ,innr 49," =
fvu county attached to Webb c",,n =,
~ judicial purposes. iIndsr Up ~
,r.. in !, ease me cnurt charged .You o,
) - ius,sue'en That thseounty Enclnai III
attached 70 Webb county fur i mdl,,ai ~ =,
n'poees. Therefore, Ii nom ,ha.. ~
i I, you mud that the crime ~ NM. va
~ ue'uhuant stands accused u,as us
lhiiy committed M En.t.,t ~ vas hol- ui