The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-11-20
LADIES desiring PERFECT FITTING Shoes =. vow, ~.
For Hongh FOrs Rochester n make Prize MeiSl SSa
HIGHER COUars-rYLnn TERN
COURT OF APPEALd,

KiDgslsnd, ferguson & Co., w. L. B.
Vinerets, interviewer, and NsGo ven
Bros, gsrnishess, frsm NcLennsn
county. Opinion by Csief Justice
White. Wbsa sxeMpt perSonai prop,
erty is exchanged FOR property in kind
or like character that is exempt, sueh
laitor property after tho exchange is
also exempi. But where such properly
Ia sold tor money, or exchanged for
merchandise not e1enpt, such money
in the hands Of third party, ifsubj CT
to garnishmcnt, and such other prop.
orty is liable TO execution.
RsvkxsnD AND kRNDznED.
John p. Thomp ,on W. L. l. Terry,
from Milan county. White, j. An
instrument which conveys certaiu par
slnsl property 10 another, conditioned
That II by q certain dev tho obligor
shall settle aud pay ,ff certain dis
puted amounts due by hia 10 the
o0lixoe, or by a certain date the rstru.
ment nhsll be void, ia a mortgage and
NOT conditional sale. Reversed and
| remauded.
San Mutual Insurance COMPANY va.
NJ. Levy, from Bowie county. Will
sou, J. Where counsel for ap-
| neilaul, during the term at
which the cause IL tried, make
no aud present TO the counsel for ap-
pc lee & statement OF fscta, who do not
asroe TO the same, and i5 then nre
scented 10 the trial judge In time for
HIN 10 mako up aud file q correct
stsiement, and he fails 10 do 90, and
adJaurns his court without, Of his own
mption, insisting an ordsr s,,owisg the
same 10 oe tile9 within 10 days after
adj Iurnnsnt, such failure on the
par, of tue judge will 90 an error, for
y h'ch The ,uas will be reversed.
hstceiius Carols vs.. the u sts, from
Wens c0uaty. Hurs, ] Where the
punishment Tor ian assault VITA In
tent TO msrder" 10 greater II csrtain
wsapoDs be used, the wespcn used
muss be alleged in the indietment ., IN
order 10 justify \ conviction or sustain
= charge Tor An assault with such weap.
m, sud II Is 10 not ale. ed IN tue ~.
dic'mens that such weapon wac used
me troseoo ion will be cuI Sued 10 tn,
o1dinsry Assault with intent 10 muir
der X vs'sed and rem ansed.
Camille GouE les Va. thc state from
Kinney county. White, Judge. De.
ieuda1t WIS cow ct-d oi murder Ia
he fitst degree, with the dea,h penalty
" IL oese of circumntsuiial evidence
hut the Guilt ~ the defend aut In sho~ n
clearly ana b'yond eoupt. The muir.
usr WAS Committed IN the oom misc Tor
OF tho crime Of robbary, end then the
drseassd was fsuus Ia tho store house,
his hands tied behind him, aud bulie,
MOLE through his s>sd. This was Q al
cnmstance OF such .norm,ty and crue
inhun nifty ~ TO make itmursar wit
Tres, malice, and OF the Arst degree
Affirmed.
Frank Attcfberry alias Frank Ar.
der-on Va. the State, from D-nto,
eousty. White, ttis only necessary
for the owner of cattle To record hi,
marks and branas in tho county
where he intends they shall RANGE
and when his oattle stray into another
sousty, lac may use the record ot III.
coun'y OF bis range In evidence II
rush other county. Where psrtiei
clatm cattle that have beeu advertised
with view OF estrsyins them Ans
gaining poseessiop b frsaduien,ly ~
serttng the ownership OF then. Il Il
not error 70 chsrse toe Jury THAT n III,
taxing or possession was obtained
through any false pretext or wi h AM
intent 70 deprive the owner of th,
value Of The ssme and appropriate ~,
ssut- 10th. use and bene a. of the part,
taking sad tbs saue II spproprfs, cd
me uffsrss IL eomplel-." Affirmed.
Sesus Hefnsude1 "a The Stats, frou
Kinney countys White, judeN
Ioo eneo VI Del Ii vhef!
| w. Ox6000 ~ oomminanG
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