Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-11-27

II[ SneEt OF t1e court pSJCH. NO erEo
disoiosed ny the record. Affirmed. viii
goD, j.
Missouri Pacific R.ivs7 vs.. FREQ "
Wolfe; appeal from Tsrrsat. The ev
dsnce supports tee judgment. While In
same was COZ tlicting in :ha court below
we csnnos reverse upon hist grouBd
Nc reVegs BILE error sppsrent. Affirmed
Wilscr, J.
Fort Worth snd Nav Or,sgns r siIwsy
W. E. B Dsggeti; spPesl from Tar
rSnt. a Ocksncer Drought tDtg suit II
JUSTICES court sg.idst ep3allee, Osggets
on accouat for grading and grsyeling Ger
t.in streets il the city Ct Fors Worth
Ap0sNse caused his wife ana .sEs
pal!&nt TO be made parties tssie
the eT5t. O,ksEder recovered sSadg-
meRs assinst sppellee and I'll adg.
meat was rendered fer she otter FSsis1s
daoEs, sppellsnr, and sppellee's wifs4ks.
rellee appssled 10 the e. uaty &C urt,sud in
'hAtcou. OcEaader again recovered iudgs
nent sgairst Dsgge t, and he in tpDi
against appellant. judgment was Eeh-
dered in favor Of sppeIlae's wife .$ls-
charging her from liability, etc. A4sliee
owned certain lots in Fort Worth He
signed petition to have certain streets
contiguous 70 bis properly graded and
tosts q ssme. Ocksnder did the
work and brought this suit to
recover for same. After this work
on the streets had been cone, ape ]. 9
joined by his wife conveyed his lois @
appellant, stipulating that appellant
should p.y al taxes dus On said lois
Held: The ludgmen; against the
appellant is not warranted by the
evidence, bat there ia no error
IN The Judgment sgsius. E. B. DhggeS,
tae appellse, in tlvor Ct OcknndeT, and in
favor OF f J. Dsgget', sppelles's wife.
The Judgment in favor Ut z. B. Daggett
sgaiost appellant Is reversed and the
cause IS TO the MISTER between him ard
appellant reminded for smother trial. Al.
agmsd ss 30 Ocksndsr and Z J. Dagg4t
and reversed aud gemanded as to E. B.
Dsggett, Wilson, j.
Berry Daniels VS.. the Stats; sppeaI
from Houston. Conviction for assault 10
rape. The evidence IS full and complete,
there Nas no error in the charge Of the
court. No error apparent 81 record. AT.
filmed. Wilson, j.
Gulf, Colorado and SXnts Fa Railway
vs.. ". ". Sebastian; sppesl from Dsllss'
Whsre = motion tJr q continuance
shove thst the atsant witness was
present ct the last term OF cour', that be
mad been duly subpoe, 9i, that the at
s0rneyg asking f}r the continuance had
cot ii I'd the wl:Re9s 10 attend, which he
had promised to d., and that the testi-
m1Gy of said witness was material, sho r.
lag lis Materially. Held: The court
erred IN CverruiiEg the motion TO cons
t!rue. reversed snd remSrded. White.
2. j.
Talbot, Want 6 Co. vs.. Frank BalseY,
E: 81 appeal from Tsrraut: None Of the
are mstntsiIaole. The
whence supports the judgment fully. We
ind 70 error tt.t is disclosed by the
record. Affirmed. Wilson u.
a. 3. Calhoun VS.. :Sun Mutual Insur-
tuce Company; appeal from Grsyson.
The ass gnmeDts CT error are not sEs.
aimed By the record. There Is no mi1e-
'ial error apparent of record. No error.
Wilson, j. j
W. D Crsre vs. the State; appeal fsSsf
Coleman. /. Il Is not alleged in The indfct-
nenG thsE The money converted WAS owned
u ary county, city, or town. Held: II
3 as essential in an Indictment for this
fsnse &c ellie ge the ownership o; money
n property converted, az it is in the case
4 theft or ennoeZz!ement, and it NUS Dad
money owned by county, city or to#a
q order to constitute this oSenss. Re-
'ersed and remanded. Wilson, J.
o ?. Ice vs.. William Cameron & Co :;
ppeal from WilbGrger. TIE only as
ignment Of error is not well taken. APP
'ellant falls to show that he used rea4l
enable efJrts 10 continue the cause, and
is motion to set aside the Judgment does
lot show sufficient equity. Affirmed. |
WILSON, j,
C. B. AlveEeon vs. Carswell & Fuller;
ppeal from Tarrsnt. The evidence is |
oni citing, but sustains the verdict |
lone OF the bills Of exception are well
Ounded The record fails to disclose |
hat Iny error wss committed. Charge |
I the court full, fair and correct. Al |
Emad. Wilson,
Rheumatism Is caused By lsctic scid in |
ne blood, Nhich Hoods Ss1saparllIa