The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1890-05-01

The following cases were disposed
of yesterday:
AFFIRMED.
Mo. P. Ry. Co. VS.. Harmonson from
| Denton.
Wade vs.. Rhine ct al, from Collin.
First National Bank of Colorado VS..
Hall, from Mitchell.
| Hester VS.. Max Stadler & Co., from
Shackelford.
Sullivan VS.. Mayfeld, from Jones.
Adoue & Lobit VS.. Momand, from
Dallas.
Harris VS.. The State, from Waller.
Mills VS.. The State, from Hunt.
Howellv VS.. The State, from Bowie.
Ball vs.. Thomas, from Cooke.
Weber ct al. vs.. First National Bank
of Abilene, from Taylor.
Fisher vs.. The State, from Waller.
REVERSED AND REMANDED.
Rogers VS.. Fox, from Cooke.
g., H. & S. A. Ry. Co. VS.. O'Neal,
from Uvalde.
g., G. & s. F. Ry. Co. VS.. Ross, ct al,
from Runnels.
Allen VS.. Hagan, from Llano,
Atwood VS.. Brooks, from Mitchell.
Campbell VS.. Helm, from Cald-
we'll.
Mcbride VS.. Little, from Wilbarger.
Seeker VS.. The State, from Dallas.
Court adjourned until Saturday.
ATWOOD VS.. BROOKS, from Mitchell.
ly.npl-. a,,aI hfxrAnl e. Rr1flnr a q
partners for the purchase price of
some bucks. Atwood denied the al
legged partnership under oath in his
answer. Butler answered that the
bucks were purchased by him for his
individual use. Brooks accepted But
ler's individual note for purchase
money. Appellee was permitted over
appellants objection to prove declara-
tions of Butler that the bucks were
purchased for benefit of the partner
ship of Atwood & Butler. Held mad
missible as not being in the presence
and hearing of Atwood. Appellee's
counsel in his argument to the jury
used the following language: "Gen-
tlemen-Three separate juries of
Mitchell county have said that Butler
and Atwood were partners" This was
excepted to by appellant. Held to be
unauthorized by the evidence and i'm
proper. Cause reversed and re-
manded.
Opinion by Wilson.
ALLEN VS.. HAGAN, from Llano.
Suit by Hagan in justice court
against Allen upon an itemized ac-
count and for damages for breach of q
contract, judgment in favor of Hagan,
appeal to county court by Allen and
Judgment for Hagan. Allen plead pay
ment and counter claim, his counter
claim being itemized. Tender of evil
dence to prove these defences rejected
by the court on ground, as gathered
from record, that said pleas had not
been stated or read to the court and
ljury. Said pleas were filed among the
papers. Held that no injury could
result to appellant by the omission to
formally present them to the court
and jury.
Reversed and remanded, by Wilson.
G., G. & S. F. RY. Co. VS.. Ross, EFT AL,
from Runnels.
Condemnation proceeding for right
of way by appellant against appellee.
This is question Of right to open and
conclude evidence and argument. In
cases of this kind the burden of proof
is upon the company. Necessary for
adverse party to admit good cause
of action in the petition as set forth
in petition to shift burden.
Reversed and remanded, by Wilson.
MISSOURI GLASS Co. VS.. SPENCER GREGG,
ADMINISTRATOR, from Jeff Davis.
Suit by appellant against appellee
as administrator of estate of Hickman
to establish claim against said estate,
said claim having been presented to
and rejected by said administrator.
Said claim being judgment rendered
by circuit court of Boone county, Mo,
in 1877 in favor of appellant against
Hickman d Duncan. On trial certi-
fled copy of said judgment authenti-
Gated in mode required by law, was
offered in evidence by appellant. OBJ
sected to by appellant and objection
justained by the court on the follow
ing grounds: l. Because said judg-
ment did not show on its face whether
the plaintiff therein was firm or cor
poration. 3. If a firm, it did not show
what persons composed it. 3. 1t did
not appear that plaintiff in said judg-
ment was plaintif'in this suit.
Appellants pleading showed it to
Re a corporation, and this was not de-
MED under oath by appellee.
AS to identity of plaintiff in judg-
ment with plaintiff in this suit it need
not be shown by judgment. Can be
proven by parol evidence.
Reversed and remanded, by Wilson.
DISTRICT COURT.
Tn this cOIlrt JIldue Row ,,racidino