Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1885-11-09

y. luei Lyon vs. Ry Co, AZ WIS
y. bSS. The fact which distin,
cuisines the superstructure OF railway
from ordinary fixtures, is they are not
dedicated TO the use ana enjoyment az me- 4
freehold, but 20 public uses which are nd /
consideration for the grant of corporate
franchise and right 70 condemn private
property. Reversed aud rendered. Opin. +
ion by White, PJ.
Whbarger County vs.. Wm.P Bean, nd.
hlnl9uator, @ al., appeal from Wiibar.
ger. Y. H. Stewart helng appointed col.
rector oi taxes OF Wilbarger county, ne
mnue bond to the county and presented
" 90 the commissioners court for an.
proyal. The court finding one of the
suleiies Was nonresident erased his
nhme, and without notice to or con.
sent py The other snrctiCs approved the
BOND This action was by tile county to
receiver OF the estate OF Stewart Amount
OF mXes collected and not pai1 over to
The county. Held, that the duty Of
the commissioners court was TO either
reject or approve the bond as IL was
present d, and that thc oJasure Of the
name OF one the sufcties was an altcra.
ton such ms would relieve The other sure.
ties from an liability. The fact that the
statute iorbidS the approval of bond
with non-rc-idtnts thereon as sureiies
does not invoke different rule. judy
mrnt reserved and rendered Opinion by
Wilson, j.
Guli, Colorado & Santa Fc Railway
Company We. W. H. Jones, appeal from
Johnson, Appellee rented land from Mrs.
johnson, was 20 cultivate the same, aud
pay onc-thlrd OF the crop produced. The
crop while growing was damaged
by negligence of the company. Az.
ter the injury Mrs. Johnson as
signed her interest or claim for
damages 10 appellee. Held, such an as.
signmcnt was valid aud vested IN appel
lee the right Of action for her interest in
the damages.
The surviving widow, MS the head OF
family Is entitled during her life
time TO the exclusive possession
and enjoyment OF the homestead, aud
may maintain In her own name and right
an action to recover damages 10 such
homestead, or the crops growing thereon,
aud the surviving children Of the marriage
/ are not necessary parties IN such suit
| The case OF Missouri Pacific Railway
/ Company VS. league, Wilson's Reports.
I p. $50, which holds contrary doctrine,
Is ovrrWled, aud International & Great
( Northern Railway Company VS.. thinner.
man, 81 Tex. ego, Is followed. Affirmed.
/ opinion 10y Wilson, j.
j. l.. Washington vs. the State, appeal
| from williamson. The injured party
/ at the time Of the assault
accused the defendant of improper
relations with his wife, and with being the
father Of her child. Both charges were
/ denied by defendant and rcasscrted by
49,. i.. ~ g,'. Xxx
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