Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1886-02-03
HIGHER COURTS.

Decisions Rendered Mt the Tyler Sitting OF
the Court of Appeals.
| Missouri Pacific Railroad Company va. j. w
Creath. In an action 10 recover damage for the
loss ornlury to goods shipped over a railroad
the p tllon Is defective when IL does not state
the time when the goods were delivered To. an
received by the carrier for shipment and a fail.
nre 70 sustain special exceptions on this ground
Is reversih @ error. The declaration In nsrsnn nj
| actions must la general state a lime when any
material or traverslble fact happened. Il Chill.
| " r. Ei4l. Nor Is the defect cured by an allie
cation OF the time wnon tho goods were deilv-
eren TO thr consig4cc ny the carrier at the
| point of destination.
When different carriers give bills OF ladinp
over the w1olo rout g. r. ceive full Freight ,sifb2
! az the point of shipment or destination each a.
rosp"ustble for any loss or damage without
tetefcnoe whore, on what part of the route,
tho los. or damage actually occurred. That tic
D II OF ladlng contains an express provision that
ihe carrier on whose limo or In whose custody
the loss aetga y occurred, shall alone be liable,
manded, Opinion by HurtJ.
EN partc W. u. Gregory. Original writ of
habean corpus The relator aought relief from
arrest, ne bet Y In custody of the police officer
o. the city of Galveston on a charge of failing
70 pay tax on public hack imposed by tie
council of said city The ordinance Imposing
the tax was entlt cd IAN act TO regulate al d uro
vide for the licensing OF ali persons and
corporation keeping for public or private use
or hire, hacks, coaches, etc., In tho city of Gal
D..
ioHOwai whereas II is de med necessary r
the better preservation of public order and
enforcement of police regulations, and for the
pm pose of making necessary improvements
upon the streets, alleys and avenues OF The
city; therefore. etc The ordinance makes Il
nn,swtul for any person TO run or keep for
puhlli or rrlvatc use or hire, any hack atc
without having first obtained license therefor
and given bond and paid III license duts
sum S oS q me th e !, gu nPan hack ht the
ponse OF numbering HE vehicle, IL
further provides that after the paw
N Nh ~ OF expense OF issuing the lcouse
DC pe'd into The treasur, and used only for The
mn rovements o. the ''rects Held, that the
aaM IMPOSED was as liconso tax and not an oo
c.patio tax; and in amount reasonable as an
exercise OF the polite regnla ions OF the city
Vhe case OF Gregory eN porto, | CT. ann 1854
an storm eN porte, 3 ct. app 6G9 dsstingulshed
The rela or ndad to custody. onfnion hv
Wilson, Judge
j y, NJ ore vs., Mckinney ct al, appeal from
Washington. The note sued on was dated Janu
AIRY - ISL. Tue iuEuee trans ript uied III M,
county court showed that a jud mont had boon
entered upon mi. note by two OF TIE makers on
AAuary 70, 1881, AM continued as TO another
The case remained on tho Justices docket nutil
March 5, lisa when this entry was made; "The
former e cause on page 80 was dismissed by
TO uest OF p'nlntit on account OF defect 81
Judgment and new citation issued,s Held
thht this onify properly construed does not |
SHOW Dismissal OF the cause and the lnsillu
ZION = n y action BY the plaintiff. bus that
thr Judgment vas set aside, and the county
court eued In holding che action barred hy |
tho imitation OF tour ye rs Reversed and ~ |
mandvd, Opinion bv Hurt, j.
Ned Jonesvs o. WSl,s appeal from wash |
ington. Where the bond for the purpose ~
PEI focttng an appeal from The instiscis 10 the |
county court Is placed with the justi,,s Ssithtn
me Time prescribcd by law, the appeal IA ner
tecfed although not marked die or approved
by tHe Jus leo within the time me
court erred IN refusing 10 allow
me party aRnealieg ~ snow BY nroaf |
that the bond was died y ~ the Justice ~ the /
proper ume and being Che proper ORDER en-.
tsr,d nunc pro tunc 10 how the date on "a. 1
livery The entry upon an sp, cal bond thar II
9 i.sion 20 make tbs entry does not Affect the
motion 10 dismiss want OF the nllnr OF Y
~ appeal bond in me comes too late after the
return term, and the next term OF the county