Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-12-05
COURT OF APPEALS
syuopses Of Decisions Rendered at the
Present tyler sitting,
Correspon dence of the Gazette.

EypOpsea CT Oeclsions henoeEeu at sne
Present tyler sitting.
Correspon dence Of the Gazette.
TYLER, lex, Dec 1.-Mssema Con-
zs'es VS.. the S.ate; appeal from Hays.
Conviction for assault to murder. The
charge Is not excepted to, and when con-
sidered as 8 whole, Is iull and sufficient.
TIE evidence amply supports the convic-
ton. No erEoc. Affirmed. Wilson, j.
Ell. Visno ct al vs. Household Sewing
Machine Company; appeGl from Smith.
Where an Sppsal bond suh5tE ntislly COM
pIit S With the s'9.ute, same should not be
dismissed. There is no reversible error
shown to the court. Affirmed. Wilson, j.
Lee Johnson VS.. the State; sppesl
from Hopking. Conviction fer murder in
second degree. Tlere was no bill OF ex-
ceptions In the court below 10 any ruling
of the court below. The Indictment be-
ing good, the charge iull snd fair, we will
o. disturb the in igmant If the curt be-
low. filmed. WILSON, j.
EJch1 Nail W. the State; appeal
from B)eqle. CONVICTION for muc-
ce, IN the stccnd degree.
I@h's case II does 10! appear ct record
that any sentence WAS eVef passed upon
appellant in the court below, Upon this
ground the assistant attorney-eeneral
moves to dismiss the sppesl. Held: The
motion will be sustained. Appeal dis
missed. Wilson, ]
Reinhardt & Co. vs.. b. f. Marks &
Knopf; AppeaI from Dallas. None of the
assignments of eIror sre well taken. The
Judgment Is supported By the law and
the evidence. N error. Affirmed. Will
son, j.
McEnnis & Co. vs. Baltimore and
Ohio Telegraph Company; appeal from
Dallas. There WAS no error in the 1dg-
ment OF the court below. TIE charge Of
the court gave the law as applicable to
the case. The evidence sus.sins the vers
dict for appellee. Affirmed. Wilson, j.
Robert Morton VS.. ths State; appeal
from Hunt. Conviction for aggravated
assault and battery. Taere is neither 6
statement Ct fact, nor bills Of exception
in the record. Tnere is no fundamental
error sppacen. Of record. Aft med.
Wilson, j.
F. Nj. Henry vs.. ]. A. Fay & Co.; appeal
from Cooke. There was no error in any
ruling CT the court below. TIE charge
was demanded By ihe facts CT the case.
The evidence sustained the verdict. No
error. Aft :med. Willsop, j.
D.
Aicue & Loblt; appeal from Dallas. The
evidence does not make it c!e.r thss the
property and the insurance money is the
separate property OF Mrs. Greenlow, and
il it Is not the j i'd gment is correct. Where
the evidence is conflicting, this court will
not reverse upon tEAt ground, there being
evlcenc to sustain the ve!dist OF the
cour. below. M reversible error. Al
Armed. Wilson, ].
Jsu,es Davidson vs.. the State; appeal
from Hunt. Conviction for murder In
the first degree, with the life penalty
assessed. There Is no statement Of facts,
OF bills OF exception. The Indictment
and charge are sufficient. There is no
fuudame 1tal error apparent Of record
Affirmed. Wilson, j.
Al. Oslin vs, Ames Iron Works; sp'
peal from Dallas. The Judgment Of the
court beIoH;wss correct. Appellsn: is
estopped from denying the debt,
he having promised to pay same
after the alleged defects were known, II
SLY. No error. Affirmed. Wilson, j.
G. R. Rollins vs.. Gulf, Colorsdo and
Ssrta Fe Railway; hppeil from Cooke.
Ire charge Of the court was correct
with reference to the facts Of the case.
TIE verdict is sustained By the evidence
No reversible error. Affirmed. Wilson, j.
Guif, Colorado and Santa Fe Rsil-
Wsy vs.. Charles BSggett; appeal
from Tarrant. Suit by appellee to
,ecover damsge for depreciation in
value Of properly caused By the alleged
negligence. Mrs Baggest, wife Of appellee,
Was not 6 necessary psrty to this suit,
even Il 1t WAS her separate property that
Uss damaged No error in the judgment.
Affirmed. Wilson, J.
S r Whitley VS.. Sarah Graham; sp-
peal from r lsk. Tee court did not err in
amp Of IS rulings. The evidence warrants
the verdict, sud We Will rot revise tde
f1dipgs q Inc court below. No reversl2
Bile errors. Affirmed. Wilson, j.
J. ". Mann vs. JOHN P. O.feI; certihs
cate from Hopkins. In this case appellee
ti,es cer:fl:A for t1flsmaIce, but fails
to show thar the county court had Iuris-
dlctioa OF tbs subject mStter OF the suit.
Held. Ga this grourG the certificate foE
All mArce viii be dismissed. Dismissed.
Wilson, j.
Il. s. Cobb VS.. Marion Sullivan; GER
tifcAte from Smith. Il this case appellee
hSs certificate compiy rg with the Ian