Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-11-23
SUPREME COURT.
synopses Of Decisions Rendered q. the Pres
en-. TYLER sitting.

synopses Of Decisions Rendered q. the Pres
ent Tyler sitting
Correspondence Of the Gazette.
TYLER, Tex. Nov. 21.-Wiliiam Hit
son vs.. State National Bank Of Fort
Worth; from Tarrant. /. The court
did not err in refusing the appellant the
opening and closing of the argument.
2. When witness is present in court.
and ut the same time his deposition ID
on file, il must be left largely to the dis
erection of the court whether he shall
testify orally, or by deposition or IN
l 9th ways, and before this court will
revise the ruling of the court below, it
must al pear that the party complaining
was injured thereby. 8. II was rever-
sible error in the court below to permit
appellee TO nterrogate the witness
Lynn 10 the effect that j j. Hi,;son "a
nephew of alptlanD had about the
time the note in No. 3Il5 fell due TRIMS
ferreh his property to appellant and thus
made himself insolvent. The evidence
had no relevancy to any issue IN the
case. When the relationship and cir
cums'ances of the parties are consid-
cred, II seems calculated to have pref
udired appellant in the minds of the
jury. Reversed and RENAMED. Henry ].
ID. b. GrigsDy ct al. VS.. w. ii.
BOwles; from Dallas. This cause has
long been pending in one OF the district
courts OF Dallas county, and the judge
of that district being disqualified. and
the parties having fuiled TO agree upon
special judge. application was made TO
the district judge TO certify to the gov
ernor of the state the facts which would
require him TO appoint special judge,
but this the judge refused to do. Plain
tiffs showing these facts, apply to this
court for II writ of mandamus requiring
the judge to make 10 the governor, the GER
titicnte, which under the conceded facts
he ought TO make. Held: There being
no law authorizing appeals to this court
from refusal OF district judge TO GER
tfy to the governor his disqualification,
this court has no jurisdiction to revise
his ruling, and have no power to enforce
by the writ of mandamus, or otherwise,
the performance of such duty, for it is
only when such process is necessary to
enforce the jurisdiction of this court,
that it has the power TO issue it. 81
Tex. 54S, 60 Tex. 367l Having no
power to grant the relief prayed for the
ap! LEGATION will be dismiss Stayton,
c. j. Henry, J not sitting.
H. A. Porter vs.. the State ex-rel;
from Taylor. This is mandamus suit
brought in the name of the stute upon
the relation of certain citizens of Taylor
county to compel the appellant, us
county judge of that county, to appoint
trustees for a certain new school district.
The petition alleged that REALTORS were
citizens and tax payers IN the school dis
trlct and that they we're the parents of
children within the scholastic age. APP
pellant's exceptions and demurrers to
the petition were overruled, and an ex-
ception was sustained TO his answer.
He refused 10 amend and the writ was
granted. ]. The commissioners court
hnd power under the statute TO sub
divide a school district once established
aud to carve out of ii one or more new
districts. 2. The statute confers upon
the court the Immediate power to alter
the districts, and its exercise is not
made dependent u on any precedent act
or condition. 3. There was no error in
commanding the appellant not only to
appoint trustees, bat to appOrtion the
school money belonging to the old school
district among the three new ones. At
frmpd. Gaines, J.
+. NJ. Tillmun Va. A. W. Heller; from
johnson. Motion for rehearing. l.
grantor under q junior deed in order to
hold land rs bona fide purchaser for
value must show that the consideration
has actually been paid, or what Is
deemed its equivalent in this court-has
given negotiable note therefor. 2.
when creditor seeking to set aside
fraudulent conveyance OF land has shown
fraud in the sale the burden should rest
upon the purchaser to show that he has
IN. ID value, or given a negotiable note
therefor. The motion for rehrarIng Is
granted, and the cause reversed and re-
mauded. Gaines, j.