Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1886-12-03
synopses of Decision. Rendered at the
Present Tyler sitting.

hEhheht h1i"I HliimHs
SUPREME ooURT-T TYLER rERM, 1896.
II X. 4, Packet et al, Va. A. w. Buck
Der ~ al, Appeal from Rusk county
This action was brought by appelleca in
tho court below 10 enioin the collection
oi tax levied for the payment Of school
voucher for services claimed 90 have been
rendered Ia 1876. preliminary writ OF
Injunction was granted In the case, Tho
errors assigned nro the overriding Of a
motion 10 dissolve the Injunction, and TO
dismiss Tor want OF equity, the sustain
ing Of exceptions TO n plea OF the statute
Of limitations, and tho finding OF law by
the court that tho voucher was barred by
limitation. The decision of one queB-
tlon dlhpoeos Of all tho Assignments Of
error The voucher was audited by the
auditofial board and levy made by the
commissioners court hB required by th,
statute Of April 2, 1883, which IL as fol-
lows Gan claims suoh az are mentioned
In Sections ! aud Of thus act which are
not presented ~ Lne seytral commission.
ors' courts within Nix months alter this
act goes into effect, shall be forever
barred" Held, that the claim comes
within the pufyiew Of The statute and IN
therefore barred. Affirmed Gaines, d.,
Chhs. lleidonhelmor & Co, et al vs.. @,
NJ. Idea. Appeal from Van Iandt
county. This suit was brought by O NJ.
LidcB againHt the persons composing the
| lirm OF Chas, lleldenheirnor Co, aud
against the officer who j. We'd tho attach
mout, for the unlawful ana malicious soiz-
ure OF PLAINTIFF goods. When an oliloer
by mistake loyies upon the property Of
another, hp will only be held liable for
the damages actually Incurred by such
wrongful seizure. When plaintlfi In az
attachment proceeding does nothing
more than to receive only such benefits
as no would be entitled TO receive under
tho lawful execution of his writ, he can.
not from this fact alone be- held 20 DO
even participant In n trospaHH, much
less be held to have ratified the malicious
acts OF his agents. Reversed and re-
handed btaytsn, j
Thomas @, Riddle w. ThomasP, Nc.
Kinney. Appeal from Rusk county.
Appellee brought this suit In the court
below against appellant on promisury
note Tor $500, aud TO intorce vendors
lieu upon tract OF land, FOR the pnr-
chase money Of which the note wa
given. II a suit be founded upon Ger
tain demand, tho defendant shall not be
permitted 10 got up uDliquldatcd or un
certain damages founded on q tort OF
breach of coVenent on tho part Of PLAIN
TN. Damages for tort cannot bi
blended In rocOnyentlon % an action fol
debt n the answer had alleged that th'
land had been sold for any certain sun
amounting 10 more than tho DEBT seer
cd by the conveyance 20 appellee, tho
pleA Of r0cOnYOnti0n would have D0ef
good. n such had been the TACT, np
pellant could have waived the tort ant
reconyenod for the excess of money hRt
and received by the appellee for his own
use. Affirmed Gaines, j.
j. N. McLarty vs. a, j j. w, PRIOR
Appeal from Rusk county. The tran
SCRIPT must plainly snow every olrcnm
stance upon which appellant relies, aus
this court will not presume anything o
which IL does not take judicial oogni
zinCe. Whom the clerk below inhdyef
N t0ntly sunt papers not belonging 70 I'M
case, this court cannot reverse tho ludg'
ment OF the court below Affirmed hlay
ton, j.
Texas 4 Pacific Railroad Company w
j. q Bradford Appeal from Rod ltlyel
county The liability u the master u
tho servant for Injuries resulting IRON
the use Of detective implements arihel
from the fact that II IN the duty Of th'
master 10 furnish implements not defect
Iyei and the bery mt, unless the defect Dc
patent, may assume that tho master u
this respect has performed his duty bul
when he has knowledge that the inastei
has not done 80, II he continues IN th'
employment IN which such detective IN
PIGMENTS are used he must ordinarily p'
. held Ia assume the risks Incident 70 IN,
service as 10 N attempted 70 bo carried
on, and not TO assume only the risks III
cldent 20 such, since when car
riod on with implements not ae
fectiye Of their kind, ant
! suitable TO the work undertaken II u
not this duty OF servant 10 assume an'
exercise the duties Of AN Inspector that ~
may detect impefieotions In imnlemenu
NOT omen 20 common obsorvationi but ]
! he learns OF such imperfectlOns then II u
incnmbent upon him not 70 expose him
eelf 10 dangers resulting from Them, ana
n after sueh knowledge he expoaea him
self 10 puch dangers " must BIO held tina
he assumes the risk Of injury from w
Known defect, although tbs master a. wei
ae The servant had knowledge that NE ds
, feutlye implement wha used ~ lhe pusl
mesa Reversed and TemAnded stSy
ton j.
-. a.. - fgnueotl