Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-11-08
COURt APPEALS.

SYNOPSIS OF DeOisions Esnde: ed 1t the Pres
ene Tyler sitting:
Correspondence OF the Gazette.
TYLER, Tx, Nov. Ben FGller vg
State; appeal from McLennan. Ga motion
to relnstste. Ga motion st & former day
Of this term this csse was dismissed en-
the ground that pending this appeal the
appellant had escaped from custody. Ap-
psilant now moves To reins.ate On the
ground that there VAS no such escspe
fro custody as contemplated by the
law. 1t is shown tas1 appellant escaped
from the Waco Jill at ) o'clock in the
evening; that about O'clock hs was esp.
tuged, not having been Gu. OF
the corporate limits Ct the city.
Held: l. is shown that the escape wes
complete. Motion to reinstste over
ruled. Wilson. J.
Robert e. Rice VS.. the State; hsbeas
corpus from Liv- Oak. This is an appeal
from the court below refusing appellant
bail. Held: As presented In The record,
the proof is not evident, in our opinion,
that the applicant is guilty CT capital
oftense and we therefore award him bail
in the sum OF $4,000. Bill allowed.
Wilson, j.
T. F. Slack Ell al. vs.. Hudgins 6 Co. !;
sppeel from Hunt. 1. Where an appeal
bond recited that the Judgment Cf the
and M. X. Peters, when the record shows
that the judgment was against j. A. Jen-
nings sad W. r. Peters. Held: A fatal
m,sdescrip.ion. 2 The style of the suit
in Justices court wss Hodgins & Co. vs..
T. F Slack, j. A. Jennings and W. Il.
Peters. Paint q dismissed as to Slack,
and the appeal bond recltes the style
Of the suit to be Hudgins. & Co. vs.
James Jennings and M r Psters. Held:
A misdescription. There wss no error In
the County court holding the appeal bond
from the Justice court was detective and
in Diminishing the suit. Affirmed. Will
sop, j.
Arthur Mcclure vs. the State; sppesl
from Hopkins county; conviction for
assault to murder. The charge of the
court was fair, full and correct. The
evidence Is suffi ;ient to sustain the con-
viction. No reversible error. Wilson, J..
Charles Demint vs.. the State; appeal
FIR m Raines. Conviction for theft d.
1900 rails l. In our opinion the evidence
is not sufficient to esta dish . fraudulent
intent upon the part OF appellsn Mt In taking
the rails. Without such intent Ia clearly
ests olished he cannot be legally convicted
of theft. Reversed and remanded.
White, P j.
L. L. Stone vs.. the State; sppeeI from
Hunt. Conviction for keeping disorder
~ house. Wnlle the evidence in this cas
Is conflicting aud somewhat contra
dictory, the same is amply suffi ;leut
on behalf of the state to sustain the yer.
dict OF the jury. The charge Of the court,
taken as whole, WAS substantially cor
rect. There was no material error in the
conviction. Affirmed. Wilson, j.
G. Waldo Ely vs.. the State; from
Howard. This is an sppl cation by the
attorney Of appellant for an order
District A'' Clerk 0O 81 HoW ustns county, My
to make out transcripts Of the csse, and
send same to appellants attorney ct COL
orsds, Texas, in order that he nigh.
brief the case. Held: I. is the duty Of
the clerk to forward the transcript to
Austin. Attorney for appellant can OBJ
tain copy OF the record in the case By
paving the clerk for same. Wilson, J.
John c. Brown, receiver, vs.. L. B.
Adams; appeal from Rad R YER l. In an
action to recover damages to clothing,
etc in trensitu, il Is not necessary for
for the plaintiffs petition to sllege the
amount Of damage sustained by each
article so damaged. 2, We know of no
ruls of law that would warrant the award
OF damages for mental and phys.
ical suffering, humiliation, etc I,
in an sciion for delay in the Transports
ton and delivery Of goods BY Q carrier.
5 Where portion Of the goods consists
Of wearing apparel and other articles,
which cannot be said to have q rental
vsiue, fair, lust and practicable meas.