Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1886-12-09

court. Plea of privilege again interposed,
overrnled, and verdict for appellee. Held,
that the plea was properly overruled, the
county court having acquired Jurisdiction
over the person OF appellant by appeal.
Affirmed, White, p. j.
M. NJ. Clock VS.. Taylor County. APP
peal from Taylor county. The commits
sioners' court OF Taylol county had laid
out public road across land claimed by
appellant, and paid him for the same. 1t
afterwards trsnspired that he was not the
true owner, ana the county brought this
suit to recover purchase money of the
land. 1t was objected that the county
judge was d squaliAed to try the case, it
being alleged that he was member of
the commissioners court, and that he
had, as a member of said court, advised
the institution of this suit. Held, that
the disqualification does not come within
the purview of the statute, and that he
was competent to sit, the cause being
tried before jury. Affirmed. White, p. j.
w. ID Rick vs.. Charles Whitehurst ct
al. Appeal from Grayson county. An
affidavit in lieu of an appeal bond must
meet the same requirements that are de-
manded OF an appeal bond. Such afIlda-
Wit must give the proper date of the rem
dition OF the Judgment, names of par
ties, and must describe the extent and
natu q of Judgment rendered In the court
below. Affirmed. Wilson, j.
Jonathan Miles VS.. James Sprague.
Appeal from Tom Green county. Miles
sued Spra9ue for rents and advances, and
sued out distress. warrant, which he
caused to be levied upon the crop of
Sprague. -Four days after distress war
rant Issued, citation was Issued On
motion distress warrant was quashed
in the court below. Ii the citation does
not issue simultaneously with the distress
warrant It is nulity. Because of such
defect, it being the fault of the Justice, it
cannot be held that the distress warrant
was illegally and unjustly sued out so as
to render Miles liable for damages. There
Is no evidence that the warrant was sued
out maliciously, and therefore no dam
ages could be recovered. We cannot de-
termine from the verdict whether any
such damage was allowed or not, and for
this and other errors the case is reversed.
Reversed and remanded. Wilson, j.
Guy Williams VS.. The State. Appeal
from Falls county. When any unlawful
and violent attack is made by one person
upon the body of another, which reason
ably indicates to the person attacked
that serious bodily injury is about to be
inflicted upon him, he may kill the assail-
ant at once, without resorting to other
means for the prevention of such threat
ened injury. 1t was error for the court
below In the charge TO the Jury to restrict
the right of the defendant to kill his as
sailant without first lesorting to all other
means, except retreat, to prevent the
threatened injury. When the evidence
shows there has been threats made by the
party assaulted, 1t is material error to
fail to charge upon that point. Evidence
that the defendant fled from the state
after he was indicted was certainly ad
missible. Reversed and remanded. Will
son, j.
j y. Smith VS.. the State. From Marion
county. Where the defendant was NOT
present at the trial the Judgment should
have ordered capias pro fine as well as
an execution. Dismissed. Wilson, j.
Bill Brown VS.. the State. Appeal from
washington county. When an affidavit is
made for continuance, stating facts to
be proven by absent witnesses, and IL is
apparent that said facts are untrue. Il is
not error to override the motion. White,
p. j
John Walls VS.. the State. From Titus
county. Ia a recognizanco "disturbing
OF the peace" does not sufficiently de-
scribe the offense of which defendant was
convicted, and Is not an offense co
nomine. Wilson, j..