Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-11-14
HIGHER COURTS.
.nop;es Of Decisions Rendered at the Pres
ent Tyler sitting.
COURT OF APTEALS.

ent Tyler sitting.
COURT OF APTEALS.
Tyler, TFN., Nov. I2.-Will Black
we'll Va. the State; from Gonzales.
Murder il the first degree with the death
penalty a-sessei. l. The ruling OF the
oogr, below refusing a change of venue.
cannot Dee revised by this court, the bill
q exception 20 the ruling failing to show
tie evidence adduced in support OF the
uu:!ru. . what pGrports TO be state
nrut Of facts containing evidence Ed-
f8rtd on Tire motion for change of
venue. cannot be considered Connecting
that the general rule allowing statement
o. facts Ia be flied in ten days after sd
umumeut applirs) because it was flied
uA the twelfth day after adjournment.
g. W. thJuk however, that the statute
With reference To the filing of Il state
mant Of tagIs would not apply IN above
case the facts should have been en-
bodied n bill of exceptions. 4. The
absent testimony being for the purpose of
CputrudjCtIUE q witness who was not
placed upon the stand il was error 20
oyrrrle the motion, either for con-
lHuuuur or n new triul. 5. The court
Gl not err q admitting in evidence testI-
mony TO the effect that the house occu-
pHl bg the parties to the homicide, aud
other young men, had been set fire to
aud burned about the time OF the homi-
eide, the theory OF the state being that
appellant Killed deceased to prevent dis
oyvtry q. thyfl from said house COM
mtt-l ly gTrpllunt. 6. There being no
erl-Gce Whatever TO warrant il, the
court dui not err IN refusing 10 charge on
mans au-ateE. !. The admissIhllity of
tie testimony of witnesses who have
violated 1.-The rule hy remaining in
III cna-trorm, Is within the discretion
" tas rH.rt, and such discretion will be
presumed 81 have been correctly PXer-
eHri unless The contrary appears. We
-li Gu reversible error. Affirmed.
White. E.. =.
N"!.h ~.ae street Railway vs.. Want
NO.; from Iarrant. !. suit being for
H.arrS So the horse, on appeal TO the
county court, the horse having died in
he meantime, plaintiff had the right TO
amend r.n.minE damages for the death
OF the hu-se. = The street car al the
va see" hAN4NAtuk W Us / hN iHG
l'-ai speed! and ii is not shown that the
l'''er II The cur saw, or could have seen
'"e danger Of Il collision. Appellee S
1i'Fer drove on the track and had his ut
ruioH called 10 the danger OF n col
'.'''2n. Held: Under these circum-
s'ai'rts W. think the evidence fails TO
Sow negligence in appellant, and the
7'9ruct Hoes not therefore support the
verdict and judgment. Reversed and
Femaaiei. White, /. ].
A".Eh,s ami Ladies' of Honor VS.. G.
4 LaTN. from Bowie. l. Appellant
N+'l'S na notice of payment bv appellee
W certain assessments of one Pinson on q
,s"tHt certificate in the knights of
no1'Tr 10 which appellee was the bene-
-..-f'' held ty said Pinsou, and Pinson
''' ut.ug alive and appellee having no
.~'a'A'.e interest i'll the life OF Prison,
@e Inns the Judgment against appel
AM should not stand. There was no
T.'tg OF contract between appellee and
IIfprN&LJ, and the former must look 10
.-''H alone for reimbursement. Re-
eco AMI Temauded. Wilson, j.
.'o'ep4 Reed IS. II. 0. Spikes; from
H IA ]. Appellant sold 10 one
',"1''A. 70 Ellis county, two mules and
: ".''as and in payment for same john
-" executed his promissory note, with
,-y' '-A-- ON the stock. The mortgage
a' VII recorded. Subsequently Johu-
49, win The consent of appellant, re-
,'s4 ils stock 20 Kaufman county,
-'7'e after Two wears johnson gave n
.'-ase VI the stock TO Taylor & Bro.
-. ,taat never filed his mortgage in
.,- -.".Aa county. johnson being in de-
-'' Oh ms debt TO Taylor & Bro. they
49, ~ anu covered the stock to appellee,
-'a no notice of the mortgage of
l-''ati. Held: Appellant 5 mortgage
~ w.! as 10 appellee because appellant
l., --'-.tl the stock to be removed from
o., % county without recording his mort
o., Id kaufman county. said mort
:, :, Was not constructive notice either
l.. -"''eF Bro. or appellee, and appel
N, al innocent purchaser tor valua-
Wnl o1s.ieration. No error. Affirmed.
veg Mission Baptist Church VS.. F.
t'u0l!eston: from Anderson. /.
re "t citation was sufficient. 2.
a~ 5 no error calling for a reversal.
NED. Per curtain.
yahes Atherton VS.. J. H. Rot b; from
10, ''nan. l. The distress warrant was
sued out and occasioned no