The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-05-03

| Judgment. Tia court has tho power to rem
der n Judgment, u has the power 10 Issue
process TO enforce or execute II. When II
10 not pretended, pending the Original
Judgment. that tho Justices court had no
30 yer 10 issue the writ OF gArnishment, II
cannot DO maintained that interest on the
claim than entering the Judgment right
fully rendered, makes II above $500, the
amount Of the jurisdiction OF the court.
Tho ocrtRed copy OF the judgment against
the judgment debtor was admissible. Hav.
ing set up that judgaen t by answer, no
| surprise can be claimed. Affirmed.
Patillo ut nj w, Thompson; from Fannln
county. Award by Waits, !. The quss'
lion involved In this controversy relates TO
the determination OF the true boundary
lino Of the Cnntrill survey, and It's relative
position with regard TO the Weeks survey.
Appellees cannot claim that appellants
we're estopped by one OF them pointing out
TO the surveyor, what his father said was
tho corner Of the Cnnirlll survey, "a he was
not Informed OF the true location Of the
corner and no design TO iuduence appellee,
who was presently IL shown. Tho finding
OF the court Ia ssairst the weight OF the
evidence. Reversed ADD remsnded.
Thompson W. Evans ct al from Fannin
county. Award by Watts. !. This case Ia
virtually determined by the award In Pa
tillo ct al vs.. Thompson supre. IL involves
tut buut Vut.tibHu INV No"N
survey. In this case. however, the court
properly iound upon the facts Ia favor OF
appellee. Affirmed.
(These oases are consent cases and In
them ths awards are final Taits vs.. Blan.
ton ct al. from Cooke county. Award by
Delnny, ]. Suit by appellant on hvo
promissoIy notes given for the purchase
money Of soda water apparatus. The
suit was against L. and A. ~ partners, who
were the original makers Of the notss, y.
40 assignee under an assignment Tor the
benefit ofcreditors, aud Is. and A.rurchasers
OF the property uuder duly recorded
mortgage In Be favor. Each Of the notes
recited the condition precedent that title
n the property did MOI pass ~ the pur-
chssers. but remained Ia tina original ven.
dor until full payment OF all the notes, and
farther coriorred special power in
appellant (the original veodor) to
cess OF law ufoo tho failure Of
tbs vsndee 10 pay any one or all OF the
notes. This suit was trial OF the right OF
property ant 10 ioreclosa the lien claimed
by appellant as created by the notes. II.
diacl,ii ned, ond ~ to him the suit was dis.
missed, and also 40 TO z. end S. The answer
IN substance sst forth that appellants
lien. II any existed, was lost by his failure
to duly record the notes. Held: This casa
IN governed by our registration lava. and
the innocent purchaser Toe value. without
notice, would t.ko the property. A Grad
ltor acquiring a lien upon properly stands
on the game footing as such purchaser. A
creditor who has acquired a mortgage with
out notice Is lie1 creditor. While appel.
liant vns entitled to judgment
against the assignee. he c0Nld
that was alleged in the petition to have
been The deiamitory Language used, il not
ground for excluding his evidence, II the
matters TO which he did t-stiiy did not vsry
from the allegations. The evidence shows
convey by her statement, the idea that an
pelee wa9, as che vas said To be, a common
prostitute. This was admissible. IL was
proper TO Semit In evidence statement Of
ike import made by appellant after this
cult WAS brought, IS 1t tended 10 show NAL.
Ice on appellants part. IL was proper to
refuss the requested charge in effect that
words charging woman with uD-
chastity are not achievabie per re,
and TO authorize = recovery therefor,
IL mugb be shown that the words
charged were spoken, uttered, etc., with
intent 10 ipjure tho character OF the alleged
s'andored party, and 30 understood
in consequence whereof damage was done
tho character OF the party. Aud also taat
If the law was used With intent to ininre
and no Damage was entsiled, the verdict
should be for defendant. The court erro.
neDusly charged that il appellee could not
-ecover on account o! her wounded feel
ings and eofeebed condition, and .inca.
paoity to perform manual labor, but tho
loss 10 hsr must be to- her reputation and
auitained through the conduct Of Others.
Wounded feelings, en'eebled health and in
capacity to perform manual LABOR we're
alleged, and evideuce was introduced TO
eustain tho view that this condition
was the result o. the Islander need
euch as ara fairly and reaso ably considered
either arising from the u'ual cause oi things
from such breach or such as may reason
ably be supposed to have been in the con.
tenn plation of both pnrtiea at the time they
made the contract as 20 the PROBABLE result
thereof. Where tho Import OF II Geographic
message lie wholly 10 tho unknown com.
pany's agents, IL cannot be assumed that
he had In view auy pecuniary loss as to the
natural or probable result OF failure 20 send
such message, the company is only liable
for nominal damages or the amount paid
for seuding the message. The rule laid
down 10 Hayes va. Houeton 81 Great West
cru railway (i6 Texas, 279), csnnot ba in
voked uuder the facts IL tais case. Al
firmed.
DAVIS VS. Dixon ct al; from Cooke county.
Opinion By Delany, J.. adopted. The only
question 10 be determined in this case Is
whether tho statute OF Limitations was sus.
pfuutN ny tbb VI w. hNiHOus bb
notes sued on were executed by him IN
August, 1875. They fell due IN February,
1875, and ihey were transferred to the plain
tiff by Allison In July, 1876. Allison died
In September 1873 This suit was brought
December 10Th, 1880. Our statute provides
In case OF the oeats OF any person In
there may be cause OF action
the law OF Limitation shall cease TO run
"a siDst such cause Of action until twelve
months after such death unless an admin.
islrator or executor shall have sooner quail.
fed according to law upon such deceased
person estate. Then and In that case the
said law of limitation shall only cease TO
run until suoh qualification. The
courts both Of England and America
In CONSTITUTING the statute OF Limitations OF
James, have generally Deld: That whom
right Of action accrued to party after his
death, Limitation would not commence TO
run until administration was taken out on
his estate. Indeed, they considered tho
words cause OF action" IS implying that
there was some person in case capable OF
bringing tuit. But, they universally hold
that II the party were living whom the
action concerned, his subsequent death
would not stop the running OF the statute.
Angel on hm., chap. In this state, the
Terms OF Limitation In some cases are very
short, aud the ruling OF the courts might,
In lnch cases, work serious hardship.
Hencs, the proprie,y OF the etatute
but acquire the title that was Ia his vendee
and that tile was subject TO the mortgage.
'57 Texas, 33i Reversed aud remanded.
CostiyeHcss Cured by Brandreths
pi!ls.
BULLY BuRSo MILLS. ARIZONA TKRR..
N. "a. lSS3.-For the last Two yoafs
nave been greatly troubled with costtve-
ness, often ten or twelve days elnpsing
without any movement OF my bowels. l
hsve tried many remedies. but none with
success, until used your Vegetable PILE