The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-11-14
denee was insufficient. Reversed and

remsndsd. """
joe MeGrew VS., the State. from
nun. county. Hurt,j. In lrosecu-
sion lor aggravated assault, ;ae cir
cuhsssnees OF aggravation mus. be
proven as alleged in the Indictment or
Information. Where the Indictment
sneges the assault 10 have been with a
pois dsrc stick, r deadly weapon,
PROOF OF a. assault with picket is adj,
inissioie ss u part OF the res gesta,. vet
sueh proof Will not sustain a cony,c-
tion.GRder an Indictment which alleges
me assault 70 have been Committed
with bois o'arc stick. Reversed ana
| remsnded.
WIN. Penmau vs.. A. ]. Jordan, from
hopkins county. Wilson, 1. When
an order for goods has On
received, the goods selected,
PACKED, marked and ready for
shipment, the sale is complete.
Where 1t Is not shown by the custom
OF merchants a. such place that the
safe Is complete only when the goods
are delivered 10 the carrier, and a
telegram received from the person
| ordering the ssms, received a few
minutes before their shipment, saving
10 not SHIP goods till you recoivs nv
letter." cannot have tho effect OF couu
termanding his order ana prevent the
completion OF the contract BY tho shin
per. Affirmed.
lex p'rSe, Frank Swain, from Ma
varro county. Wilson, /. In so far a.
appellant is held in restraint by
authority OF the intended indictment,
which was found by grand jury OF Is
men, such restraint is illegal and ali
process and proceedings Hereunder
VOID. But as the appellan: admits that
the allegations of such pretended in
clctment are true and acknowledges
his guilt, he is not entitled TO be dis
charged, bat will bs admitted to bail
In che sum of $500, conditioned that
ne will app ar and answer such indict.
him.
d. Fl. Morrow va. U. f. Short, from
Dallas county. White, y. j. The
county court has jurisdiction TO try
Causes Tor una recovery of specific
property, even where the value OF the
property exceeds $500. The provision
IN Inc constitution and statute, con-
ferring exclusive jurisdiction on the
olstrlct courts OF "all suits for the
Trial OF the right of property, levied On
py virtue OF any execution, sequsstrs-
.lon or attachment, when the property
l3Visd on shall 100 equal to or exceed
the sum or $780," refers 10 the statutory
right OF the trial OF the right of prop
erty" when seized as the property of
the defendant in the process and
claimed by q third person, and does
not apply TO the ordinary action of a
vSrsed and remanded.
&. w. Lloyd Va. the State, from
Kaufman county. White, o, /. A
charge to The effect "thst the word
willful as used means TINT il any per.
son shall place any distraction OF any
| permanent character upon or
in any public road, know
Ing or having goos reason
to know the same TO be- u public road,
such act would in law be held 10 have
been willfully DONE" IL q substantial
compliance with the recognized detiui-
tioD of the word willfui. In INSIDE
msanor cases tie defendant must OK
cept to ths charge OF tho court at the
time, and ask such additional Ia
structions AS he may desire. Al
firmed.
Texas e. Pacific Railway company
Wy. j. W. Viewer, from Bowie county.
| Wilson, !. Appellants liability as g
common carrier ceased with the deliv.
cry OF the goods al their destination
and II liable for the destruc ton of the
goods by fire, LETT in its depot or few
days with their consent, it mus be as
warehousar IN. Az such 1t il not liza
BILE for the destruction of said goods
by fire, unless 1t be shown that such
ire was csusedby the negligence of the
| company or its agents. There Is suffi
Client evidence in tho record to sustain
the finding Of the jury that the fire
was caused by the negligence OF the
company'b agents, and the cause Is AZ
| firmed.
James Gresham vs.. tho State, from
Hunt county. White, p. !. A judg-
ment OF conviction may be set aside
by the court OF its own motion and O
new trial granted without q motion by
the defendant; and N the defendant
has not satisfied such judgment by
payment OF the fine, IL such be the
punishment, or III he has not been con.
fined In jail to satisfy such judgment,
tho granting OF the new trial Will be
supported, and the defendant may bs
tried again tor the same offspse. Blu
| III he has pstd such fine, or has beer
confined in jail to satisfy such jNdg
msnt, tue court can not after such pay
ment or during or after such coniine.
ment set aside the Judgment OF oon.
viction aud order Is new trial. Az
tirmed.
Gulf, Colorado & Santa Fe Rsilway
company VS.. Ann Jones, from John
son county. Wilson, !. Where the
husband joins pro forns with his wiiC
In suit TO recover damages 70 the
separate property of the wife, he will
DO treated as q real party 10 the suit
and the statute OF limitations will lo
run against him between the tin;
when such suit IL thus instituted anC
the filing OF an amended petition
making himself Il real plaintiff. TIL,
court charged the jury as follows
"Ii you find from the evidence that II
constructing the railroad across plain
tifl's premises ths company caused an
embankment TO be raised for the road
bed, and failed to provide u crossing
for plaintiffs, 40 as TO enable them I,
GROSS with wagons, etc., from ono par
OF their farm to the other, you viii
lind for plaintiffs such damages, etc.
This was error. The appellees haC
granted the right-0f-way through tn,
lano 10 the railway company, and tn,
company was no. bound to maintain
or provide such n crossing. Reversed
and ramended.
Houston IL Texas Central Railroad
company VS.. Lemine Bros, from Mc
Lehman county. Wilson, !. Where
witness states that he obtains all hi
information from the books Of his em
ployers, Gis testimony ia hearsay an,
cannot pe resolved. Tho same il tru
when ho testiiles 10 u bill Of iading
; which he did not see or know 10 bo ex
aoutsd, but u copy Of which was atvei
to him by somo ono else, and which b
did not compare with tho original. 1
/, ia hearssy. Reversed and rcnnnded
X, A. Rlddle VIZ II. Morris, iron
/, Wise county. Hurt, Where l1dg
ment was rendered against the surotie
! on q replevin bond In the uetico court
the appeal bond 10 tho county court
which described them ns principal
= with tho defendant below, Ia good
, Reversed and remsndod.
Fannie NJ. Cruger w. William