Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-12-07

levy OF appellee could not question III
snfhcicnrv of the affidavit for attach
ment. G2 Tex. 32S-74 Tex 592 .
appellants clearly had the right to in
t.rvene. 3. The court did not err in re-
Itslhs 10 charge the jury TO consider TIT
4 failure OF Defendant Williamson I,
'Sf1uash the defective affidavit for attach
heut III detern ming whether the wri
was SUED out fraudulently or In good
faith 4. Appellee would not be bound b,
statements or declarations OF It's cashier
unless nude in the scope of his authority
ana uuiy. On the facts u jury havs
found for appellee. We will not disturb
the Judgment. Affirmed. Stanton, c. J.
Missouri Pacifc Railway VS.. Chins
Manufacturing Company; from Smith.
ms writ was brought by appellee 10 re-
cover Tor twenty-five bales of cotton
burned by fire while in one of appel
ihhts cars on the 81 ietrack at the CON-
press III GTeenville Tex. The cotton was
ca route from Campbell, Tex. to New
nam pshlre. Verdict for appellee. |.
The burden OF proof WIS OH appellant TO
snow that the loss did not occur through
us negligence. IS Tex. 10. The evil
uehcr oors not SHOW how the fire origl-
mated. No error. Affirmed. Staytou.
! G. j.
A. e. McCarty ct al. vs. Gulf. Colo
rado and Santa Fe railway; from Ellis.
~. railway station agent has power to
contract that the company will furnish
cars at named place and day for trans
portation of freight, and by a contract
SO made the company Will be bound not
wIthstandIng such u oower may not have
been expressly conferred on him.
kaston vs.. Dudley, decided at
present term 2. In the ship
ping contract, appellants were
D"hhd TO bring suit ia forty days from
any INJURY occurring 10 the cattle The
charge OF the court made the delay to
orlng suit within forty days, unless ex-
cnSeu Tor some REASON, bar to the ac-
ton so far as based OIL breach of contract
10 furnish cara and receive the beeyps on
September 2i, 1887, as well as TO the
other causes OF action relied upon. Held:
ms charge was erroneous, in that IL
made the iorty days limitations apply TO
ali of the several causes of action alleged.
Wheh II shout have applied 10 the ciuira
lot damages 10 cattle alone. Reversed
and remanded. Stayton, G. J.
Citizens National bunk vs.. CITY of
Terrell; from Kaufman. In December.
1883, the city of Terrell, through and by
authority of its city council, issued
wntrrworks bonds to the amount of
h2S ,UOOr the bonds being for $1,000 cash.
IL also levied 2 tax of One-f fourth of
per cent and appropriated one fourth of
per cent of the taxes annually COL
leeteo, ana also appropriated the net
proceeds arising from the waterworks |
LOT the purpose of creating a sinkin
iuhu OF per cent upon the principal of
the oept. IN June, 1884. the council |
Ordered the city secretary to erase |
t"ehtv-eieht and insert thirty five, re- |
ftrrine TO the amount of the bonds ,s-
sued. This was not done. When the
ponds were issued the taxable property
in the city did not exceed 5000 900. The
thirty-tre bends, each tor $1,000. were
Issued on May l, 1884, running ffty
years, interest at per ceut, payahie
annually. The bonds were duly rpeis-
'ereo aud negotiated. Il Is shown that
the popalation of Terrell is under 10. 600.
ms SUIT was brought on certain coupons
iIe, and the city plead want of author
ty 10 execute the bonds Held: The
action OF the council IN June, 1884, was
utterly void. The ordinance of Deem
ger, 1888, was valid, for such an amount
Is tax OF 70 cents upon the 500 of
'aluation according TO the last taken as-
essmenI OF the taxable values of the CITY
would provide for. If the bonds were
iellTere! at different dates, those first
ielivered up TO the amount of the debt
hat the city could lawfully create should
" paid, the remainder trebled as null
itles. liz L. S. 6511. If all the bonds
nder The first ordinance were delivered
Il the same time so that none of them
ave priority over the others, the amount
I valid debt should be distributed
qnsilv between said bonds. G43 Iowa
y. Bonds issued under last ordinance
re wholly invalid for any purpose. {
folders of the bonds or coupons NAV re-
over so much of the deht as NAV be |
AWFUL. To give appellee an opportunity l
amend, the case is reversed aud re- G
landed. Henry, +. i
East Texas Fire Insurance Comnenv
8. j. X. Clarke; from Smith. Suit Nv
ppriiee on u fire insurance policy. /
Nnin The meaning of the terms used in
'e poiicy before us, mortgage ICON
eys an interest in the property mort
aged TO the mortgage. 2. mortgage
conveyance, and il was error to
larse that the mortgage was not pro-
o'ted by the terms of the policy. Re-
'fsea and remanded. Henry, J.
john h. Owens VS.. Thomas Clark.
ON Van Zandt. Trial of the right of
operty. L. The unauthorized iuser-
IN IN an execution that it was for the
e OF party who had purchased the
HHment under which sam. was issued.
ouid be treated Us surplusaRe and dis
earded. ?. The court charged: HTha
lie 10 personal property passes bv de-
cry either sctual or constructive, aud
'at would be delivery must be gov
heu oy The character of the property
"a and the custom of trade with regard
the sale AMI delivery Of such prop
". Held: l. While, abstractly
hsidered, this charge is correct, yet,
DER the circumstances, the jury may
We concluded that a delivery was
cessary TO make the title to the cotton
S.. D. The cotton being sold, the
ee agreed upon and nothing remain
10 designate or distinguish the cot
l. the court should have charged that
property in the cotton passed TO up- d,
liant without delivery. Reversed and e,
nauded. Henry, j. 81
:. +. Anderson vs.. Oldham & Ward; ~.
IN Ellis. Motion to file record. l. -
transcript, on account of a delay in z
mail, arrived too late for the proper
ienment. Motion granted. Per