The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1886-04-22
THE COURTS.
THE PROCEEDINGS OF THE
HIGHER COURTS.
THE DISTRICT. COURT AND JUS
TICEs OF THE PEACE.
SUPREME COURT.


All. Willie, chief Justice; j. w. Stay
ton. Sawnie Robertson, associate justices;
Chas. S. Morse, clerk.
John Donaldson VS.. the State, from
Grayson county; motion to dismiss
granted.
Alexander VS.. the State, from Delta;
affirmed.
E, Holly VS.. the State, from Hood; re-
yersed and remanded.
j. G. Thompson vs.. the State, from wise;
reversed and remanded
H. B. Sanborn VS.. the State, from Gray
son; reversed and remanded.
G. p. Rollins VS.. the State, from Collin;
reversed and remanded.
Libbie Taylor VS.. the State from Cooke;
affirmed.
L. w. Conner VS.. the State, from Gray
son; reversed and remanded. Two cases.
w. A. Metcalf VS.. the State, from clay;
reversed and remanded.
VIM. McFatridge VS.. the State, from
Fannin; affirmed.
Babe Lanson VS.. the State, from Hunt;
reversed and remanded.
John Hart VS.. the State, from Lamar;
reversed and remanded.
Charlie Robinson VS.. the State, from
Montague; reversed and remanded.
The following were submitted
A. S. Hubbard vs. the State, from Dial
las; submitted on briefs for both parties.
Stone Cattle and Pasture company VS..
F. NJ. Davis, sheriff, from Wichita; sub
mitted on briefs and printed arguments
for both parties.
Fort Worth & Denver City Railway COM
pany VS.. Dickey d Lawrence, from Wise.
Fl. S. Melvin VS.. D. l.. Keran, from Bay
nil RI n1
certificate
Charles Eastman VS.. the State, from
Cay, and G. w. Fugatt VS.. State, from
Clay; motion for certiorari submitted and
granted.
The following were submitted on b.iefs
for the state:
Alex Hornsberger v. the state, from
Wise lobe Turner V. the State, from
Tarrant; LON Fallom v. the State, from
Tarrant; Ike Cooper V. the State, from
Tarrant; Dave Pierce V. the State, from
Freestone.
The following cases were submitted on
briefs for both parties
Charles Gay V. State, from Tarrant;
G. H Day V. State, from Tarrant; Madam
Porter " State, from Tarrant; July Britt
v. State, from Freestone; l.. H. Shubert v.
State, from Jefferson.
Wiley Johnson VS.. D. nj. hatllI, appear
from Coke county; affirmed with dam
ages.
W. E. Leath VS.. D. j. Ettley, ct al from
Clay county; reversed and rendered fol
appellant. WI. 1o,oo
M. A. Schumard VS.. Wiley Johnson
from Cooke county; affirmed.
w. B. Worsham VS.. j. A. Stephens, IRON
Cooke; reversed ana remanded.
NToNorp q MeunSell. from Falls: re
versed and remanded.
w. A. Mynatt VS.. W. L. Hudson ct al
from Erath; affirmed.
FLOYD g. Co. VS.. Efron u Co., from
Bexar; affirmed, subje to remlttlter.
Texas Pacific Railway company VS..
G. Hamilton, from Grayson; affirmed.
Leon 81 H. Blum VS.. H. E. Simpson
from Bell; reversed and remanded.
R. e. Bumpas ct al VS.. Hiram Morgan
from Dallas; dismissed.
Ragsdale VS.. Barnes from Fannin; me
ton to file transcript submitted
Brady vs. Francis, from Lamar; submit
ted on motion to affirm on certificate.
Court adjourned until next Iuesda
morning.
In the case of the Texas d Pacific raj
way company VS.. II. y. Hamilton, the al
pellant submitted the case upon sing
proposition, to the effect that the lnJul
c,mplained of was not brought abol
through the negligence OF the railwS
company, and that this is shown by Vi
contradictory testimony. The argumei
of appellants counsel was directed sole
TO the evidence as to the condition of
wheel, the breaking of which is alleged
have been the proximate cause of the a
cident, The wheel, say the court, ma
have been sound, but if the other clrcur
stances enumerated caused 1t to bret
and derail train and produce the lnJul
complained of, it must be held that IL w
brought about by the negligence OF u
appellant company. In any view Whl
can be taken of the case, it cannot be sa
that the uncontrOverted evidence sho'
that the injury to the appellee did n
happen through the negligence OF the a
nellant company, but there is abunda
nroof to the contrary. There is no err
in the Judgment, and it is affirmed.
H. Willie, chief justice.
The Judgment of the lower court "
for $1,000.
G. W. Gillespie VS.. w. F. Remingt'
from Tarrant county; opinion by A5so
ate Justice Sawnie Robertson.
Jose Flores VS.. Smith d. Redmond, fr
Bexar county; opinion by Associate j
tice Robertson.
A. Cohn VS.. E. M. Tillman, from Dal
county; opinion by Chief Justice
lie.
Cases affirmed:
Hamburg Bremen Fire Insurance &C
pany VS.. NJ. D. Darlington, from Dal
county; opinion by Associate Justice st
ton.
J.C. HARRISON VS.. Barney Langsf
ct al, from Montague county; opinion
Chief Justice Willie.
J.W Cherryhomes ct al. vs. e. A. I
ter, from Montague; opinion by VI
Justice Willie.
Lyon g. Gribble VS.. j. NJ. Ozee and "
from Clay county; opinion by Chief t
tice Willie.
The following additional iudgm'
we're rendered.:
Mrs. M. J. Mcmillan VS.. Vim. Jones
al, from Montague; opinion by Assoc