Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1885-11-17
THE HIGHER COURTS.

Fannie NJ Crugcr vs.. w. Ginnuth, APP
peal from Mclennan. The state and
county taxes upon real estate are an In
eumhrance thereon on the LIST day OF Jau-
uary, though the property is so be subsc-
quuntly rendered or listed for taxation,
its value and the amount of tax deter
mined. The taxes for any one year are
charge upon the land and against the per-
son Who owns the same az that date, aud
q purchaser after that date holding 10y
decd conveying title IN fee and using the
words "gNntN and "CunVcy,' may re-
cover OF the former owner the amount of
the taxes he is compelled to pay for the
current year. Rundel vs.. L8key, 40 \.
Y, 5l7; Revised Statutes, Art 557;
Const., Art. 5, Sec, l5 Il, s., Art. 4GO2-
1874,
Where the charter Of an Incorporated
city or town, though a law OF which the
court must take judicial notice, only pro-
vldeS that The city taxes shall be lien on
real estate situated within the city hut
docs not lis the time for the levy oras-
scssmcnt, to cnttlc the vcndec TO rcc0y-
or of the ycndor,he must show by compc-
tent evidence that such city taxes were a
charge aud iucumbrance at the date OF
the conveyance, under and by virtue OF
the rules, regulations and ordinances OF
the municipal government. Reversed aud
remandcd Opinion by Hart, j.
Joe McGrew VS.. the State, appeal from
Hunt, The information alleged that de-
PENDANT made an aggravated assault with
a bols dare stick, the same being a dead
~ weapon. The proof shows that the as
sault was made with picket. Held,
that 20 justify conviction for aggra.
waited assault under the Information, the
particular circumstance of aggray0tion,
that II was made with a buis dare stick,
the same being deadly weapon, must be
proved. Plerson VS. the state, % Tex
579. Reversed and rCmandcd, opinion
hy Hunt, j.
John I.uitinester vs., the State, appeal
from Hunt county, In the statute pro-
hibitng the sale OF Intoxicating liquor
TO minors, without the written consent of
The "parcnt the term parent includes
both father and mother and an iuiorma-
tion charging this oGeuSe must negative
the consent az both An alteration that
the sale was made without The consent OF
the father is bad Wilson's Foms, No
25G, Reversed and dismissed Opinion
by White. P.J
James Gresham vs.. the State, appeal
| from Hunt a special plea of former con
/ yiction rs defective which does not set ou
I the indictment or information upOr
which the conviction was had, but ,ucl
1 defect does not render it a uuliity, hu
[ only liable to exception, and not be cN
ccpted to evidence that may be intro
4 duC ed In It's support.
| A plea of former conviction for mis-
/ demeanor is not supported II The evidence
/ fails TO show that the terms of the con
vlction had been complied with. That IS
! that the defendant had suffered the i'm
/ priSonmcnt or paid the fine imposed b,
such Judgment.
IN this case the plea presented the fol
1 lowing state OF facts Before thu prcsen
I Indictment for assault TO murder was pre-
( scented, the appellant had been prosecuted
/ by information for aggravated assault
/ had entered plea OF guilty and iudg
ment of conviction entered st subsc
Quent day of the term, the Judge, Of hil
own motion, set this Judgment aside
/ Held, this action was legal and the cal
stood as though no Judgment haJ
/ been rendered. Affirmed. opinion by
! White, p. j.
! 4. & p. Ry. Co. vs.. J. W. Wcrer, ap
/ peal from Bowie. When a railroad com
/ pany mas delivered goods shipped over
/ its road at the place Of destination, anC
! has taken the consignee's receipt there
/ for, their liability rs a common carrier
ceases, and while the goods remain II
| the company's depot ut request o.
the cousignee to await his convenience
the liability of the company Is that of
warehouse man, and If the goods are de
stroycd by fire to entitle q recovery 4
must be proved that the loss was caused
by the negligence of the company
| Affirmed. Opinion by Wilson, j.
G. w. Lloyd VS.. the State, appeal from
Kaufman. Appellant being on trial fol
wllfully obstrncting a public road. th,
court charged as follows: "The wor,
twillfullyi as used in the statute, mean,
that any person shall place any obstruc
zion upofI or In ar,y public road of per
manent character, knowing or havIn.
GOOD reason TO believe the same 10 be {
nublic road, such act would In law b,
deemed 70 have been willfully done. >
| Held. while not as fun as IL might hav,
been. II is not cause for reversal, Il no
having been excepted 10 at the time
although n correct instruction. was asked
Affirmed. OPINION by White, p. j.
! Iebbarry nirbs 90 mo state anpno