The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1890-10-30

y. .. Armstrong S W. vs. ~ II
Slaton, from Tarrant. /. Exemplary
damages were properly recoverable. 2
The remittitur was properly allowed
and cured the error in the charge OF
the court and verdict. Affirmed. Will.
son, j.
T. up. Railway vs.. Carroll Smith ct
al, from Red River. l. Where the
evidence is conflicting but sustains the
judgment, this court will not revise
the finding of the lower court. AT
firmed. Wilson,.
T. & P. Railway vs.. Annie II. Speer
from Tarrant. l. 1t is too late to
evise the question of misjoinder OF
parties in this court, when the ques-
ton has not been raised in the court
below. 2. No error for which the
judgment should be disturbed. AT
firmed. Wilson, ].
Texas and Pacific Railway vs. E. S.
Billings, from Tarrant. l. Toe
amendment complained of did not set
up new cause of action. 2. The
judgment is fully supported by the
evidence. Affirmed. Wilson, j.
Frank Matranga vs.. Phillipo Loda-
to, from Tarrant. l. The petition and
evidence are both insufficient. 2.
This court will not reverse on account
of remarks of counsel where no injury
is shown or made to appear probable
by reason Of such remarks. Affirmed.
Wilson, J.
Jim Burnett vs.. the State, from
Robertson; motion to dismiss. l. 1t
is shown to the court that pending
his appeal the appellant has escaped,
and the motion to dismiss is well
taken. Dismissed. Wilson, J.
Gulf, Colorado and santa Fe Rail-
way vs.. A. F. Hicks, from Tarrant.
l. The evidence sustains the judg,
ment. 2. The judgment is not excess
i've. No error. Affirmed. Wilson, }.
w. M. Johnson ct al. vs.. F. H. &
T. L. Dickerson, from Red River. l.
The plea of res adjudicata was not
sustained, the wife not being a party
nor bound by the first suit and she
was not estopped from bringing this
suit. Csc Tex, 1889 Affirmed.
Wilson, j.
Frank Harrison vs.. The State, from
Tarrant. Violating local option law.
l. 1t was not necessary for the indict-
ment to allege that the town of Ar
lipgton was incorporated. 2. 1t was
not necessary that the minutes of the
commissioners court should be signed
by the Judge Il Tex. 1S4). Affirmed.
Wilson, j.
o. T. Lyon vs.. J. M. Henderson
from Tarrant. L. This is purely case
of conflict in the evidence and we
can not reverse on that ground. 2
The judgment is not excessive. Al
frmed. Wilson, j.
Bonner & Eddy, Receivers, etc., vs.
J. H. Mechanism, from Anderson
Motion to affirm on certificate. The
motion being in compliance with re-
quirements governing same, the mo-
ton will be granted. Affirmed. Will
son, ].
st. L., A. & T. Ry. vs. S. o. Berry
from Tarrant. This is a motion by
appellant for leave to file briefs, the
case being on first assignment. The
motion will be granted. Wilson, j.
Sun Mutual Insurance company
vs.. NJ. Levy, from Bowie. l. This is
a motion by appellant suggesting a
dimunition of the record and asking
to substitute lost papers. The ap-
pellee agreeing that the record on q
former appeal may be used in this
case, the motion will be denied. Mo
ton overruled. Wilson, J.
Zuberbeir & Behan vs.. Western
Union Telegraph company, from Up
shur. l. Under the evidence appel
liant was only entitled to % cents
the price paid for the message. This
amount they have verdict Tor
Affirmed. Wilson, ].
SUPREME COURT.
Carter Bros. & Co. VS.. w. A. High
tower, from Marion; on motion to dis
miss. The grounds OF the motion te
strike out brief and dismiss the APP
peal herein are untenable. Motion
refused. Stayton, G. j.
j. H. Berry VS.. Geo. w. Brown et
al, from Marion; motion to dismiss
l. The appeal bond is given in the
name of H. L. Berry. 2. No notice o.
appeal was given. 3. There is no as
signment of errors. Appeal dismissed
Stayton, G. j.
Samuel Thurman vs.. Blankenship-
Blake Co., from Marion. Motion t.
strike out part statement of facts
The court below made out statemen
of facts and instead of putting in Ger
tain papers simply said; Here in
sert," etc. The clerk in the RECORD
puts in papers in full. Held: Mo
ton sustained and the clerk wht
made tran script ordered to show caus'
why he shall not be punished for con
tempt by this court. Stayton, G. }
DR.. Shackelford, the dentist, offic
over Carl Mayors jewelry store, oil
~,