Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-05

in such cases, asking that the judgment
of the court below be effirmed. Motion
is sustsiped. Ali med on certificate.
Wi lsop, J.
". Powell vs.. the S.sts; appeal
from Nocogdoches. Conviction for
assault to murder. L. The court did not
err in everything motion for con-
tiDuance, where it WAS spparent thst
! diligence was not used, and that the
Ianrirg testimory Was net material.
There was no material error IL spy seton
CT the couri below. Affirmed. Will
sen, J.
Mrs. NJ. G. Aldredge vs.. C. C. Free-
] msr; appeal from Ellis. Suit by sp-
2ellsnt on rent note ald 10 forecloss
| landlords lien. Apreilee's plead In re
convention for actusl snd exemplary
d,miges. Verdict as follows: "We, the
Jury, fl I'd o verdict in favor CT defendant
aud damsges to the amount CT SS2 30 "
Held: The verdict does not show
whether SEXUAL or exemplary dsmsges
re given, or both. II exemplary, the
evidence does not support the verdict,
nor does the evidence even warrans .
verdict for xctusl 6amsges. Bscsuse the
verdict is uncertain, snd not warranted
By the evidence the case is reversed ano
remanQed. WILSON, j.
Mrs. NJ A. Terry vs. L. Terry; sp-
peal from Gregg Willis the evidence i'd
duced in the court below is COT f citing,
there is ample evidence to sustain the
verdict, and we will not revise the jude-
ment on that ground. There wss Lo re-
versible eIror. Affirmed. White. P. J.
Sun Mu,usl Insurance Company VS.. 6.
D. CampbsE; appeal from Grsyson.
l. Where there 10 c condition in "a ms
suralce policy 10 the effect that the il
sured party shall state his ownership CT
right Of possession il the property In.
cured, and party takes out policy on
property, being advised 70 do so by the
agent OF tie insurance company, II II 81
terwerd sppear that the agent knew OF
| the facts in the case, the policy will be
valid and the Insurance company liable
for sry loss occurring thereundeE, even
though the prope ty ooes not in fsct DC :
10, g to the party insuring. No ertor. Al
frred. White, P. j.
W. E. Brown We. the State; apes
from Smith. Ga motion for renesring
On former day OF she term we refused
to dismiss the recogn!zauce in this case
: &nd we have seen no reason 10 casng'
our opinion. Motion overEuied. WAL
son, j.
Felx Bsu.cher W. the State; spoesI
10 from Hays. Where defendant acquired
possession Of an animal through m
means OF sr innc cent agent, By means c
i G fraudulent pretexS and ce7!ca, the
J. thief. is complete for in this manner g
e can take it as efs, tuauY from the p uses
: sion OF tie wner, is : had taken sotun
t. prssesion Of 1t without the owners coz
: sent. T2l c. A. 505-16 G. A. 1856. Wner
T. evidence closly tho that party Is
G principal, his Scts Snd declarations sr
!. admissible in evidence sg'inss enoths
l. party who Is principal. Noreya.5io.'
e error All med Wilson. J.
T Thomas P. Kinnear vs.. F. L, Dilley
T. tppesled from Smith. Suit by appel!e
Il upon note. l. Wher3 one party owe
n another two separate ard Ctstinct lac
: counts, or debts and makes the creeito
g is payment, lie hiss the right to say :
: which debt the payment shall b. sppiisd
Il and il ne direct tae payment TO be spplie
> to one debt, the creditor can not oppl
it to the otaer. Reversed and remaaded
Il Wilson, j ~