The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-02-20

a. weston county. This suit IVES brought
upon what 10 known 90 an iron eiai note Y
.. ono containing Q claim that In ease Of
non payment any lilo snsed attorney isnr,
ihoIised 10 appear snd accept service anu
confess Judgment and sllow execution 20 H.
cue immediately, Objections ara raised
INT; that the justnsss OF tho debt was Dot
sworn to by sppeilses or any OF them, but
That ihe attorney tweafs that he rsnd tue
petition, and tat tne sub,tantial allesa-
tions ih. rein are tru. and the claim IN Jus,
Second; that the judgment ~ rendered
against applies Individually, and al'o In
( leir canaciIy as q firn. Third; the rlisr'
I'd power OF attorney IL Insufficient 20 sup
port u Judgment by confession. Fourth;
this Judgment authorizing Immediate en-
cuiion IN nnn authorized, because 70 am
davii II sut1orike same WAS made, htl1;
The obi, oiions are untenatle. The Iudg'
mant was properly rendered on tho note,
aud being by confession tho parties cannot
now ,mplain. Affirmed,
F.rfell w. the htiie; from Lsyaca county
Appellant appeals from u conviction Tor
simple assault ANA DriDga befo this court
a record which cnntninh neither STATE ment
oi tact, bill OF exceptions or charge OF the
court. The Information Delng suilieien,
We can bu, Aillrn she judgment. AN med,
Gibbons W. Braden; from Lsmsr county.
This IL motion 10 correct judgmtn NJ eT.
roueOu,ly entered up by the olrfs. Said
clerk makes sfiiGayit OF such error, ana
upon iuspection " The record aud finding
that the judgment was rendered, adlndH-
Ing ca {, .gsinsi the apptl 80, but entered
up against spp.l 'nt and his eureties, II IL
Corrected In this particular and II Is 80 or
do sd
sttssherser Va Hsidenhimsr X Co.; from
q ,lyeston county. Suit on accjdnt, Ia
which "A writ Oi attachment was sued out
The mot on To strike out he original peti.
zion aud 10 qussh tle attachment tecause
such u, [ ton was not signed by the parties
or their Auornrys brings into question tue
main issue Ia tns case. Hell: The sttor-
news having endorsed the petition on the
back thereof IL Was sufficient. The judg-
meLt below being entered for 10 per cent
interest, Is hereby reversed aud rendered
tor 3 per c,nt., cos n being attached
against app, lice. Reversed pnd rendered.
Harrison ". Crazy; from Colorado county.
This IN suit upon three eccnunis,io which
defendant pleaded defense Of an account
- set of, which said account showed or
iis face that " was barred by tue sntute or
initiation. Held: The plea was properly
sustained. Affirmed.
King Mclli- & Co. vs Moran q Smith;
from Ga.ve.ton county. Suit brought
Jointly against app lice On verified &C.
count. Saith DENIED under oath the jlst-
psss Of the account aud alleged that the
utDt WIS luht Oh M'fhn hhu iuuA nv koNiANII
h al not agreed 10 pay the eame in writing.
A subsequent verbal promise by Smith Was
attempted to be shown. Smiths pleg not
being taken before the proper officer was
struck out In the Justices court but tho
same dsiensrs being again Pleaded 10 Tho
county court and the affidavit hoiug pIop'
cry made Smith obtained judgment.
ii I'D: In suit on ast,ied account tor goods
~ Ia the defendant could not be hell TO re-
spond TO any other issue. The proof did
not respond to the cause OF action. AT
hrmed.
Siaion W.. Wallis. Lands & Co.; from
Galveston county. Su on st ited accour
against Ape liant, q resident of Williamson
county. Pleas TO the jurisdiction and In
abatement setting up the non-residence OF
defendant and wait OF allegation in the
citation of any agreement to pay In Galves-
ton failed In the law cours aud this court
holds Them not msiotsinable. Affirmed.
Jones 1t Il. vs. Foster e. al from Walker
county. Suit for damages for violation OF
the contract, OF safe of personal pr operty.
Defendants plead failure of consideration.
The only question IL, whether the verdict
IL responsive 20 the issue. IL reals: 1--WE.
the fury, find tor the defendan s. except TO
low them no damages or COTS Tor the RI.
movai aud setting mp the machinery; and
that they, the defendants, be required TO
deliver the said machinery 10 the plaintiffs
in the same cond tion that they GOT, aud At
the same place they got, at the costs o. de-
fendants;" Held: The verdict is sufficient.
Affirmed.
Size said Don't, but /. you must, chew