The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-10-16


the minutes of his court during the
term, and in exceptional cases pointed
out IN the statute, may in vacation
amend orders made in term time, but
we know of no authority for his re-
opening court after its final adjourn
ment, and resuming the business of the
term as if 1T had never been closed.
Much less has he the power to open the
court, as was done in this instance to
allow new motion in cause
to be made and acted on
1t is true thai the statute allows the
district court of Smith county to remain
open until the business of the term has
been disposed of, but the Judge of the
court must determine for himself when
this point has been reached, and when
he has so determined and adjourned
the court, his decision cannot be re
verSed and set aside by himself i'm vaca-
llon. For auEht that appears in the
record, the entire business Of the court
had been disposed of when the adj
jouruing order was made and the min
utes signed. IL does alirmatyaly
appear that the matter for which the
court was convened WAS one that was
not pending AT the time OF tho adjourn
meuJ. No application had been made
for leave TO make up and file the stutO-
meut of facts after adjournment. The
curt was, therefore, reoypuad after tha
| business Ufthe term had been concluded.
for the purpose Of having new matter
| presented to it, which through inadVert-
ence, had not even been filed IN court
| before adjournment. This was not only
unwarrantcd by law, but would work
| Inconvenience and hardship in many
/ cases u parties Interested in the bust
ness ofthe court. II would sometimes
| seriously affect other cases determined
| during the term. For instance. anppal
bonds filed more than twenty DAYS after
/ adjournment, and statement of facts
made up after adjournment without
previous leave granted, would be- vail
/ dated. Numerous other illogalities
[ might bo cured by the eNcrciseof such
| power which 10 viii not be necessary TO
| mention as they readily occur TO any
one. The motion must prevail aud the
statement OF FACTS stricken from the
! record.
Salile j. Harvey ct AZ VS.. NJ. c. Cum
mlngs ct al; from Henderson county.
/ Opinion by Willie, u. j., on motion To
dlsmlSs. rus W IS an action OF trespass
to try utle brought against several par
ues, which resulted IN . judgment for
defendants, Ihe plaintiffs appealed and
a portion OF them gave bond, TO which
one OF inc appallees was not made a
party as obllgee' This, OF course, rem
uered the Instrument OF no effect as an
appeal bona, Penny being a necessary
party 10 the appeal. subsequently
announcer bohu was gwen TO which Penny
was maze party, but II was filed more
IMAM twenty DAYS after the adjournmen
Oh court Tor the term, and thereby inval
,uateu, a portion OF the appellant
nhauo oath before the county Judge o
| ", e ~
reSlueu, TO the e1ect that they we're un
apIe 10 pay the costS' ana upon thi
seeh 10 prosecute ana appeal wlthou
ponu, ~ ~ ouJecteu thaI the oath wa
, NOV VaHeh peiore al oincer authorlHet
~ coI'lly W ~ anu "o thihh tho obJec
, tion Soou one
: oul s.atute III Pr0VlulhB that the Ostl
mllght 90 taken before county judge o
tne county where tho appellants re
s.uvu, eNluehliy meant county Judg
vi our own sthte' me legislature Ger
snluly INTENDS that RESIDENTS OF some q
tno s,stet states OF the union should ID
ohtitleu 10 appeal III our courts, wills
thoso residing IN 0thor states shoul'
n1t' &c! tillS would no tho necessar.
oiiucD vi tno IVSlslatlon II we are u
; nlioW ~ foreign county Judges to take am
/ certify 10 Such ailldavlts, for there ar
many states where the Office of count,
JuuE9 Is unknown, ana hence the ontl
CouIu not be taken before such an OF
/ n'er WHIST IN Others the Office o
oouhtl Ju9En u3rS exist anu IN lhes
my coulu lhe law be followed, ana Il
tile IusluthlS ol Such states could mp
peeiS wllno9t D9hu 3e allowed we d.
not thlhR lhe legislature Intended +
snow any such parliall'y' II they ha'
neen slsnatlhg olhcGrs To whom In
power was To ne c3hilied abroad the!
Woulu uoubtiesS styled them Judges o
courts OF RECORD, or used some slmila
u,al,lHtu countries Whlch would IN
Vluue some appropriate ana Trustworthy
: olilcer Tor TINS purpose, as they hay
done in other sin liar eases, A IN
question IN not hptprn n Ia mt mana.