Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1885-11-20
COURT or APPEALs.
The Gases Disposed of at Yesterdays
sitting nt Tyler.

trgnscript ON anpenl and hence it Woald moi he
proper % order 70 90 be brought up by ccr.iot9rl
IA tuis ease " appeared rom we apnniGa'ioh
for the ceruorarl That the grand lnry which re-
turned The hll was composed OF more IMAM
T6cst.tr ,ye- pcrmittcd 70 proyc over object.
ion thatJOhn 81 sparks and Joo Tickle, hoth Of
whom were load, went TO- certain pasture,
aud there saW ana identified the 3corlinS al
from "a large iOt OF othcrs In tine pasture ltel',
that ths issue in tee case icing tue iuentiy 81
tine animal, The EVIDENCE was material, ana be-
ipr hcuraRy it vns reversible error 70 adult "
I Ctric5arl refused, sud Judgment reversed aud
rcmandcd opinion by Wilson, j.
Southern insurance omptny Ne. W. Levy
appeal from Bowie. In this case lhe sialtmcns
OF iucts was hlcd after the adjournment oi
( q turt for the term and no order was entered
allowing the ten days, But it Is made 20 ap.
I pcar that ON the day Ihc court ADJOURNED, nnG
( before IL had adjourned. appellants counsel
prepared statement Of facts ana presented
the same to appellecs counsel that they iGiied
to agree, and IL was presented TO the Judge
with The request that De pccphre, sign ana tle a
/ proper - ,ment OF fact mat nc
: Judge adjourned the term without
/ doing So Held. that appellant, without fault,
[ facts of their cases presented on appeal, and
thn Tor this reason, the Judgment must be re-
vcrsed Reversed and rcmandcd. opinion 10y
barciiino Garcia vs. the state, appeal from
webb. The indictment charges AN assault
with Intent TO murder emitting me weapon
Y
/ 10 was made With % knife such as under art.
/ 81, r. C.,is bowie knife or dagger Hold.
/ that unless the indictment charges Shat u was
Wadc with bowie L ne or dagger, it ~ error
/ for the court to 'harge that punishment may
be doubled. Bish, vs.. Proc. ji2.
The confession Of defendant wa introduced
BY the State rs follows 'Nll ! have
/ To- .ay about this ls that 7 did eat DHe. He
I cliuC at mc and struck ue with a bottle and J
cgt him with my knife. aud all regret thHi !
I did not XII him. Held Inst the court should
/ have given IN charge the Jaws pf aggravated as
Z sauil, because OF the passion aroused by the
proyoca,lun. Reversed aud remauacd. Opln
.iosus fernando W.. the State. appeal from
Kinney The place whore this ubenso was com
mi ted WAS at the time within the limits OF KIM
ury county. Before tiIc trial Val Verde county
wa. organized aud comprises within rs Limits
the place OF the criuc. Held, that after Val
Verde county was organized tho Cl*' thOulu
haze been sent to that county tor trial, and the
district court OF Kinney county lost jurisdiction
thereof Reversed and femMiGCd, ppWlon ny
White H..
Denton. The Indictment alleged that INC cat
tie stolen were the property OF ono }. G.. Tnom.
aa Thomas testified as to ownership and want
OF consent, but when he stated tll0t he and his
brother had written agreement In relation q
their respective rights and Interests In the cat
llc defendant moved 10 exclude the evidence
and require the writing as the best evidence
Hello. It was no error To refuse this motion
The witness had stated that II was joint prop,
crtv, and tie ins;romeni would
OnlF NtfNG TO Snow lllt htttlli
of thc partnership which were not material In
the ease Ia view oi the provision of oar statute
,hat "whcro property IL owned jointly by tive
or more persons, Tho ownership may be allegcC
In either or all OF thCul.' Arr. 1855, &. &, r.
Where the marx and rand is recorded n the
county where the cattle range, the record cyi
dcnCg t. good In any county where the cattl,
may be- found without being recorded In the
: latter Affirmed Opinion by White, J.. j.
Jno. =. Thompson vs., T., l., Terry appea
from MNam.rf Thompson helug indebted {,
Ia Etligu iun4ltpdupgl a svit tpu0
, ing, executed ami delivered TO Terry an iustru
ment IN writing, rcciling that ne was indebted
5 and in consideration he had bargaiucd, sol,
, and delivered to him three horses, to which wa
. this consideration.
, Conditioned that whereas am indebted 4
y said Il l.. Terry, il upon settlement and mu
y tual adjustment of our separate and mutua
y accounts hy Wednesday, the 3Gih dag of DCcem
4 Dor, 1854, shall be found TO be indebted to hin
, then In that event will pay such sum OF none
u Og may owe and be indebted TO him withi
J, five days after tho adjustment Of my said ne
count and should fail 20 adjust and settle an
determine the amounts due tnd owing tn him
the said y. l.. TORY, within the time stpulRte
j. herein. or pay him the amount, found TO he du
IS him with the cost of sut in case number ---
styled Il. L. Terry Us. John z, Thompson, wilh
! In i've days after the ascortN,nmrnt Of til
4, amount, then, this obligation snail be and rC
a main an absolute bin of salei Tut IL | shout
=, pay him said money found 10 he due al the tim
+" stipulated, then this obligation 10 he null an
i void and OF no effect
r Signed JouN =. THOMPSON.
is 40 settlement having been effected within IL
II spucied time, the horses were aequc-tcrcd h
y Terry and ON the hearing the court below hcl
p the contract conditional sale and not NOR
:. gage, aud gave Judgment Ia favor Of Terry e
" Inc horscs Held that It was y mortgage an
= the Judgment was erroneous. Reversed and I,
Il mmdcd. Opinion by White, i. j.
r, Cumlllu Gonzales VS.. the state, appeal fro
Jf kinney. The appellant Was convicted of inu
~ der OF the first degree and the death penal
- Hescsscd. The case rs presented In the recO>
H. ast Of ri
" murder committed In the preparation nt ru
,,, berry. H. was evidently committed after d
- ceased had been rendered pOwrrless, his han,
Ks having been tied behind his back, ana yet II
claimed there IS no evidence of Express maize
Murder IN the preparation OF robbery Is per
murder OF the first degree, and n murder
)e cOmmtucd fully evidences express mallC
~ Mccoy vs.. stare, - CcN. 80, Roach 81. state
III \, app AZ, sharp W. state, IL Id. iS1 Anirmu
49, opinion Ny White, I. j.
" Missouri Pacific Railway Company vs. \.
G. Rabbi, appeal from Ranos. To bu made avail
II bic on appeal or CrrOr,a bill of exceptions mu
NJ he prepared, signed by the Judge, and Glcd vi
Nv the clerk during the ,ernl. 4 charge OF d
70 court 10 The Jury H. however, regarded IA e.
Us ceptcd TO, and IL suhiec to revision Tor err
rn therein Without the nCteseit OF taking bill
~ exceptions thereto. Il. 5 Arts l3lS lS6l
IN This WAS an action 10 recover damagcs fro
e, the company for burning grass and injury
r the sod or turf. Held, thAt the measure OF dan
ot destroyed and the amount OF injury Ia tho so
n but the difference In the value OF tho land befo
Al and after tho burning. YVNHs& paclhc Ruilw
80, Company W., Iippet Wilson SOY; Inilw
ny Company vs.. Patterson, i'd, SUi; Railway Coz
lS pany W, Joachim, 81 ToN, $50. Reversed Al
lnl renamed. opinion hy White, P.J
~, Bob Palm vs. the state, appeal from FRI
w stouu. Tint the indictment for burglary d
IN not negative the consent Of each purtn
re where thchouso was alleged 60 De occupied
a linn, 1, not fatal oil cotton on motion In :
rest OF Judgment, Where one OF two actors
on trial for the BURGLARY, evidence that t
IS goods 81 len were found in the house of I
H., other j. admissible m does not come with