The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-03-19
THE COURTS.
How the u ilcale scales Of Jus'lce
suing up sad Bows.
Interesting, Delicaie and Important
Decisions nra Rendered.
,ua N Lawyers yade nceum.


Galveston, Harrisburg A Gan Antonio
railway vs. bHl nom Harris con- ~.
Opiuiun by slsyton, Muefe there IL 40
statement Of iioun iu the record, questions
na o. the tullliero CIV OF the evidence 10 snp-
y0It inc vrioic @ mot ne considered. A.
though en- inttfumrnt may be oigncd ~
counsel I n loth pHIties, n not eist ed huu
approx, Il by the prusiding Judge 70 canuot
ne considered ~ . 4 atement OF facts. AT.
Armed.
lin rhirs Va Loo ~. from J Johnson
". Opiuion by DIsnv Adopied The
Judgment Of this cuurt upon the former
appeal GO Tfxss 1862 practically decides
this appeal Al hougn decided on demurrer
before ~ tho facts we're proven ssnllsged on
thu Ia trlbl, Tint judgment 10 decisive,
and The couri erred ~ fend'rng Judgment
ior ceiend,nt. Rryef,ed and remsnded.
Collin comfy " Roberts q, 81; from
O. lin CouLfy Opinion ny Dsluny
Adopted. Plant n sued out ~ Injunction
"a restrain the c0uuty c1mmissiou'r's court
rom opening n putlin rosd though MI
lsod. Dsiendnn,s plead 10 the iuris-
dicu0n OF the diairlct cont; Bed: Ihst
court rad Jurisdiction q Tex Law r.
view, 2l3; 8 Tx law Il view 1922 Tue
s%ssiRuuicn, OF effof CALI < N qu sion the
court .otlon IN overriding ~deienuottt
g,ne'al demurrer because ~ no good rcgsnt
benny shown why via nth had allowed NO
years 90 olarsr before claiming damages, II
not vel 'rken, sufficient Reasons being
shown. All med
Mcdaniel Va. Needham; from Pamela
County. Opinion by Walker, ! p. Adopted.
where o ut e nv Hx sale ID d tempted TO
be shown 80 evidence IN justification OF q
suit tor malicious prosecution for trespa-t-
n Y on The land. u Il, ndmissirlr. A powsr
uf att lrnuy u%ckuowl DICED before Is county
clers without subscribing Witnesses thereto,
~ iuadmissi L. NJ a recorded Instrument.
II vprred aud remsndsi.
Orthgy aud Nif. W. Flock; from Harris
county. 0Diniuu by Delaney, Adopted.
Appellants brousht Tors suit 10 remove .
cloud from their ptle created b. appellee
claiming the isnd by purohase 1t a sheriff q
L. on an execution issn-t upon a indg-
meut sRsinet the husband. Appellant,
Mfe Orihev, claimed by purchase with her
sepsrate means AID ihfonsn = deed made
10 Der Teoiting the payment NJ The purchase
money by her, but not With her s'parate
III. ans. The onurs he'd ~ = ma ter of law
that There being nothing on the face Of
The deed 10 Catherine o they 20 indicate
that Il was BIER .eparnts property, II was 10
laS, the community proptrty ~ hofeetan
husband auu - suoh surl e. 90 sSecuii0r."
He'd error q reyrs Law X Wv, 2li;
2 rex Flaw Reyies, %; 3 Texas Law ~
view. 81 X verHpd aud rsmanded.
DAllas y. he Gulf Colorado d Santa Fs
rail Sey, from Nashing o. county. ODin-
m bV west AuutlaN N1s HufnCltlilN
shnwa 10 nave been u cO.omployc with the
engineer ~ the ir.in on which he wzs ir-
infed. At the time toe injury ccurfrd
| che road was Va cOursO OF constitution. Ap.
peilant contraoI en- fo do guch work ns re-
qussttd by IN. chief engineer or his su 'or
dinatss The "ors on which he w.s en-
gagged when ~ infei wa that for Fhtch he
contrac Cd. For the rulh governing In sucb
cases zee revts X Mexiosn railway va
Whitmore. (56 Frxas, 500, 1 rsxas Law
RrveR, 65) Affirmed.
Walker ". Abetcromb bic, rom Walker
county. o iui0n by StaYton The sur
yivor 30 community IN ? without admins
~trAtiOn, sll OK dispose 81 the properly IN
good ~ IA 10 pay debts and titus destroy
sc utle % heifs or creditors. e rexas
Lea r view. l4T; / Texas Law
Review 1851 whore the surviving widow
brought SUIT on $ Judgment N hioh Was the
community property Of herself and hus-
~interse, OF the children had been assigned
TO hs!: 'hst The estate was insolvsnt md
10 property was LETT bnt tho ~judaDsnt
sued OF; That 10 administrators haj Dssn
taken out on the as.ata. although hns hUs-
band bad been dead over three years ana
the entire smonnt Of the Judgment would
no. meet the sliovanes 10 which no WAS
ant tied al surviving widow. Held: A
Judgment dsoroeiug hat the money when
feooved should he held by A. just a. on
sdniinietrrtor would hosd IL 10 be DISPOSED
~ in accordance with the law regulating
the matter, WAS a proper ono, and the judg-
nent Is affirmed.