Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1885-05-22

going 10 Tennessee, but would return
" he did not like the country; that he
had not returned, aud that two letters
had been received from the witness'
wife, postmarked in Tennessee. Held,
while not sufficient TO establish the
witness domicile In Tennessee, suiii-
cient 10 show q removal beyond the
limits Of the state, and therefore sufii-
oient predicate to admit the written
testimony. The second special
instruction asked aud refused was NJ
follows: "lf he.dcceased, on account
OF threats made by defendant against
him attacked the defendant with q pis-
toll, or In such manner as was calcu-
lated TO induce the deiendant to be-
lieve his life was In danger, these
former threats made by the defendant.
II any were made by him, would not
operate TO deprive him OF hls right OF
selfdefense, but defendant would have
the right to act as though he had made
no such threats.n Held, correct
principle OF law and should have been
given. Reversed and rernanded.
Byars W. Crisp, from Wilbareer
county. Art. lli0 II. 3. provides for
the election of - special Judge of the
county court when the regular Judge
| fails TO appear at the time appointed
for holding the court, or when during
the time he IL abeent or unable or un.
willing to hold the court. When,
however, there Ia a vacancy In the
office OF county judge, the provision Of
the law does not apply, and In such
case there Is no authority for such
election. Said vacancy can only be
filled by the commissioners court I'M.
I'll the next general election. Conat.
Art. V. sec. 2S; X. s. Art. ll37, 1918,
1919. Pending the trial OF this case and
before the court convened, the regular
county Judge sent to the cont
miRsloners' court OF Wilbarger county
his resignation 60 take effect at
once, which, however, was not passed
upon by said commissioners court,
and when the county court convened,
one, j. =. Orr was elected by attor-
neys present 70 preside M special Judge.
The question 10 be decided ~, did this
resignation create vacancy Tho
commissioners court not having Ac-
oepted the same. The question has
never before been before the courts OF
this state, but upon tho authority of
u. s. VIZ. Wright, Mclean, 500 and
Williams Va. Fitte. 40 Ala A02, citing
New. 500, and CAL. 20, Il Is held
that when an officer delivers his un-
conditional resignation to the proper
authority, 60 take elect at once, IL IN
effactual without acceptance, and the
Office thereby becomes vacant The
election OF Orr was unauthorized, and
. his acts were utilities and absolutely
! void, Reversed and remanded.
Bank OF Commerce VI, Evants, from
Cooke county. The assignee OF me-
gotiable instrument who obtains such
instrument before its maturity by Civ
ing for II u valuable consideration, and
: without notice of any discounts or do
: Tense against II, shall be compelled to
|, allow only the just discounts against
! himself, r. Is. Art. 205. The rule is
= elaborated and explicitly stated IN
y Flanagan Va. Watson, IA Tex. 3bi
!. The facts OF this case being that the
y draft in controversy was purchased 10y
Q appellant before II was presented u
Q appellee for acceptance, and thai APP
pellee accepted II after appellants
y purchase, the court enormously
u charged that II the Jury believed from
D the evidence that the appel
y liant purchased the draft before thu
i same had been presented TO the appel
y lee for acceptance, then they would no
II be innocent purchasers under the Law
u AZ to the appellee. The proper rull
n upon the question ia laid down In
Z Parsons on Bills and Notes, 1870, Whel
le bill has been accepted, the aocepto
"a becomes the principal debtor and
l. party 10 the bill, his obligation heinz
u 80 existent with the bill Itself. w
u w. Con. Rep. sec. 7b3. The thif'
80 special charge requested was ~ follows
n "If you flnd from the evidence that tn
10 bill Of exchange sued on was sold y.
y y. ID. q Co. 10 plaintiff for valuable
i- consideration before the acceptance
thereof, and said plaintiff purchases
III said draft before its maturity and be
O. fore Its acceptance, in good faith, ant
ie without notice OF any defense, ant
lt that thereafter, and before the matu
ie rity OF said instrument, the defendon
70 herein accepted said BILL you will flint
80 for the PLAINTIFF Held, correct a
NJ law, and the refusal 10 give IL wa
9: error. Reversed, and because the fact
81 showing appellee's liability are undis
't- puted, judgment IL here rendered tina
% appellant recover OF appellee tn
40 amount Of the draft, together with le
IL gal interest and costs. ordered accord
IS ingly.