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

called up and so,sd on until Match "a
1881, asd two terms ~ the oonri intsiyrnti
bet geen tbs time tbs motions vets tilst
aud when they were auied on. Held
Under this stats 81 facts II IL ulns otsssrj
Ia consider any question a. 10 tbs sufiieit uoy
or service II the oltstion. Under Arts.
I2l3 aud 1855 OF tha Rev Stats II the olis-
ton or SERVES thereof 10 detective, tue
Judgment OF the oourt % declaring I, might
hsys been had ~ tbs term al which it Was
filed, aud thea appellant would have
deemed TO have made an appearance al Tue
neII term. lne Intention ol the statute IL
10 give the person upon whom detective
citation IL properly served, or upon whom a
citation il deieeiiyely served, when defen :
ants motion points out thu detects, until
the next term IN prepare his defense, but 10
oontem plates that the case shall stand rs AN
appearance case until father notice. The
failure 10 have the motion 10 qnash acted
on AZ the proper sms operates as a waiver
OF ths right TO Tgs u sIterwsrd, ASSIGN
meats OF error 10 tho action al the court
overriding appellants general and speclsl
demurrers cannot b. ,onsldereh when IL
does not appear that tbs court oyeIrued or
was requested 10 act upon them. ESldoh'
of "A witness. Tine 40, n'lse was thro va into
a ditch IN Which there wPi water by the
blow received lrcm appellants i conceive
was out the narration OF facts, aud
az bearing ON the question Of tue
extent OF sppsllee's Injury, VIZ admissible,
as we'll Ms Is proof OF the depth o. the
ditch, its general condition and that ne
cnuld not extrlcaio himself thereirom.
Testimony as 10 the money paid by appel
lee tor medicines aud other necssserlta In'
ring his oonh emsnt in his room WA adj
misslble. Affirmed.
City Water Company Va. White: ron
Travis county. Opinioa by Stsyton. J.,
All the material questions herein de- eI 4
on VIII, ther 1t We peCessiry for deiehd-
ants pier iings seeking to est up tho want
of authority IN the pei )us execuu ~ ihe
instrument sued on, 10 bssworn 10. Held:
II wpl. The cotton "a founded on an in
s,rumsnt in writing chsrged 10 have
been executed by the defendant,
though It's pre,ident nnd secretary, who
Texas& Paciticrailwav VI. Nicholson; from
Torrsnt county. Ooin;on by Willie, c. J.
The effect OF Arts. 2Sl-3RN,sed Statues, IS
merely that the ,mmon c''.,er lsw liu-
b!lity shall commence rom Tho time the
bill OF lading Is signed, aud inst previous
thereto thew shall bs liable only az ware
housemen for goods pls 1 in the'r depois
or warehouses; TO to tnersaii n TIRE !sDorted.
They do not except the carrier from such
liability as he Is subject in common with
persons OF other Cupalions. Tho charge
correctly filed to ncld tue appellant liable
until the stock was loaded, but that 1t wee
that of an ordina. indiyijusl. II ia not
ESSENTIAL that party oe y common carrier
In order that liability may attach for q
breach OF contract, nor TO bio IS such reliev.
ed from liabihty merely because n bill OF
lading ia not signed. When the bill OF ladlng
is signed liability Rs common carrier at
taches for oil loages except thoss occasioned
by tho oct Of God. A fier m y enter In.
to contract without bill of lading which
ia 10 be periormfi before the goods ere in
the course OF actual transportation and ia so
far 20 the contr IT would be binding upon
any one it r. binding on the rom, any. The
company reius'1g 10 reo five cattle at date
specif, / n ~ agreement, 10 liable for dam
ages recalling ,Iom any delay between such
agreed time aud the time they did rec i've
them. Affirmed.