Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1886-11-14
THE HIGHER COURTS.
synopses OF Decisions Rendered ut the Pres.
ent Tyler Sittihg.


synopses OF Decisions Rendered nt the Pres
ent Tyler sittisg.
COURT or APPEALS TYLER TERM, 1856.
l.. Davidson vs. Missouri Pacific Rail-
road company. Appeal from Wood coun-
ty. A suit TO recover the penalties pre-
scribed by Art. 1858, X. s., for an extor.
tionate overcharge for the transportation
OF freight, Is an faction for debt when the
Indebtedness is not evidenced by con-
tract in writing" and as such, is barred
by the two years statute Of limitation.
When the petition in such suit shows up
on its face that the action is barred, the
statute may properly be interposed by
special exception to the petition. Az
Hrmed. White, p. j.
f. G. Donnelly VS.. Citizens bank. APP
peal from Bowie county. The innocent
holder for valuable consideration OF
note, draft or check, which was given in
consideration OF money won on bet up
on an election, which Is prohibited by our
penal statute, can not recover upon the
same. Such instrument is absolutely
void, even In his hands. Reversed aud
remanded. White, p. j.
r. b. Kuteman VS.. X. M. Page. Appeal
from Wood county. In suit In which
plaintiff sues in the county OF his own
residence, and alleges that the defend
ants residence is unknown, II defendant
| tlles sworn plea denying that his resi-
dence is unknown but alleging its county,
such plea is prima facie proof OF the facts
stated, and IL such plea be met by coun-
tervaillng evidence, additional proof in
support of the plea is nece ssary. Reversed
and remanded. White, p. j.
! b. w. Applebaum VS.. Bates, Reed G
| Cooley. Appeal from Bowie county. The
place of the performance of contract
being the place Of the contract, the place
where the contract is to be performed
| furnishes the law by which liability on
such contract Is determined. Ia this
state If married woman, dong a mer-
camille business In her own name and for
her own separate use and benefit, execute
her note for the purchase price Of mer-
chandise with which to carry on such
business, the husband is liable on such
note. Affirmed. Wilson, j.
Supreme Court, Tyler Term, 1ssG-E.
A. Allday vs.. Whitaker ct al. Appeal
from Cass county. The description of
the land In the sheriff's return on writ
Of attachment, which description was
used In the Judgment directing the land
to be sold In the order of sale, and in the
sherlff's deed made in pursuance thereof,
was this: Twenty-Five acres OF land ly-
Ing situate and west of the railroad and
close to and adjoining the said Wayne
station, together with all the tenements
thereon situated " Held, to be INSULT
cient, and on objection the several papers
containing this description should not
nave been received in evidence. parol
partition OF lana between tenants
In common Is valid, and whether
such partition possess the legal or
equitable title, the right of an
innocent purchaser for value from either
tenant is the same, and such innocent
purchaser will be protected in his pur-
chase. See facts not evidencine notice
and what fact would evidence such notice
as would not protect such purchaser.
Reversed and remanded. Stayton, j.
East Line Red River Railroad VS.
John s. Scott. Appeal from Marion coun-
ty II, upon the call of the appearance
docket in the district court on the fifth
Gay OF the term, no answer is filed by a
defendant who has been duly served with
CITATION In time, and defendant does not
ask further time, a judgment by default
should be rendered against him, but II
being present by attorney, or in person,
defendant ask the renal der of the dav In
which to answer, 1t must be allowed him,
Reversed and remanded. Gaines, j.
Rice, Silk q Co. VS.. j. ID. Peteet. Appeal
from Camp county. An appearance and
answer upon the merits by defendant
after motion to quash the service Is over
ruled, Is waiver of all defects of the
manner In which they were brought into
court, and all objections TO the iurisdic-
ton not set out in the overruled motion
nonresident may be sued ia the courts
OF this state by resident citizen, with
out bringing into court such non-resl-
dents effects within the state, and there
holding such effects to await the iudg.
ment OF the court. Affirmed. Willie,
G. j.
Leander Taylor vs.. G. C. Burke. Appeal
from Bowie county. Proof that book
was one used by a surveyor In which was
entered applications to purchase land;
tnat IT came from the proper custody and
that the particular entry was made by the
witness under Instructions from, request
OF, and authority from the surveyor to
make IT, Is sufficient to admit same
IN evidence. A purchaser of school land
under the law of Ss3 is not bound to oc-
| cupY the land for three years after his ap-
! pllcatlon To purchase, before he can sell
| 10 third person who does not settle on
the land II the original purchaser has
| Oeen actually settled on the land for more
IMAM three years altogether prior to such
sale by him. The tw nth section of the
act OF 1883 Is directory, and failure to
comply with 1t would not defeat the
right 10 the land II the payments be made
as required by law. Affirmed. Stayton, ].
|