Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-03-01
THE HIGHER COURTS.
Sypopses of Decisions Rendered ct the Present
Galveston sitting OF the
Supreme Court.

GALVESTON, TEX, Feb. 27.-The Mayor, Al
dermen and Inhabitants OF the City OF Houston
VS. Thomas Emery's Sons, writ Of error; Harris
county Reversed and remanded with lnstruc-
tons Stayton, c. J. Suit brought by appeileeS
20 revise judgments and compel the city
to satisfy them. The petition gave the
names of the mayor and alder
men, and the citation issued commanding the
corporation, the mayor and each or the alder
men whose names were give in the citation 10 De
summoned Service was mad, there was no APP
pearance for the corporation, and
a Judgment by defsult was rendered. II
the citation had only commanded the eorporatIoin
to be summoned by service on the mayor II |
would have been sufficient. 1t was not vlnate1
by commanding the mayor and aldermen IS wen
as the corporation to be summoned II was
proper to entertain proceeding to revive IorIheI
judgments and at the same time 10 enforce Pe!,
ment through mandamus. Lne VIZ" o,rSi tba
issues in mandamus Is but process 10 colpe4 tne
payment OF the Judgment. voorhees, vs.
Mayor, 20 Tex, $33.I The petition asked tn L5
the judgments be revived by sclre IaclaS' anu l
the court erred in entering such Judgment as |
would have been proper in actions OF deot. the
court is instructed 70 enter Judgment reVlElnS |
the judgments described in the petition and IN |
all other respects TO grant the speclhc reheI
prayed for. ~, r,...., ,-
Thomas Emery's Sons, writ of error; Harris
county Affirmed. Stayton, G. j Suit to re-
cover interest on city bonds. The question OF
the sufhciency OF the citation was settlSu IN =
case between the same parties TINS DAY deciaed
nv
Judgment rendered. The municipal corporation
I Heffron VS.. E. II. Cunningham: Galveston
county. Affirmed Stayton. {. j. Ihe eVl-
dence does not justify the claim that the noes
were received by appellee in payment OF debt
due HIM BY Mrs. Weeks, but IN exchange 1or
money advanced upon the faith OF the notes. 1t
is settled in this state that one VINO, IN soOu
| faith, takes by Endorsement, BEFORE maturity, q
| ne gotiable pIomissOry note IN paymen1 OF an
! existing debt is q bona fide holder. Blum VS.
Loggues, 63 Tex, l36.l Appellant 9xecut .i one
| notes and deed of trust to secure the purchase
| money and received a deed to the property.
| The deed having been delivered TO appellant
| the grantee bacame an absolute conveyance, on
| which no condition inconsistent with It's terms
| could be engrafted by parol evidence. Appel
| liant, being the proper party to bring the sur
| and having agreed so to DO, could not take aI-
/ vantage of his own delay to avoid the oblga-
| ton A decree was rendered in his favor ana SO
fony aS he Dermits it to stand he cannot be heard
| to deny that the suit was prosecuted for him and
| bv counsel employed by him. The court properly
| instructed the jury to ind Tor cunningham anu
'nT r. Noble VS.. Hannah Meyers ct al; Harris
| county. Reversed and remanded. Henry, A ).
| ADpellant was intervenor IN 4 SUIT brought oy
l appellees, but did not appear at the trlal. APP
| peilees defended against him. but asked TOT no
| affirmative relief. decree was rendered LLisI
the intervenor take nothing bV ms lhteI' ~
| tion The court should have dismissed the
| intervention without prejudice. If there oe per
! sons interested in a title adJudicated IN sun,
| 1rho have not been made parties, their title
| would remain unpreudiced, and the decree rem
| JernJ would not be binding upon affect them.
The effect of the Judgment IN TINS Sult is 10 Dlhu
fhe intervenor, and it should not have been so
rendered. ,,,4 , I,id
son ct al: Hamilton county. Reversed and rem
dered Gaines, A, j. 1t Is not the OBJECT OF our
statute on the subject to confer upon the lnhaD-
itauts of any district in county, 10 vote TAX
| unon themselves for the support OF puoIIc
schools in addition to the state TAX evIea l OK
| that purpose. Our statutes authorize Town 10
| incOrporate for school purposes only, as wen as
! for other purposes by an election, PROVIDED u
| contains more than two hundred ana less man
| fTo thousand inhabitants. The legislature did
| NOT intend to confer the power of incorporation
| NV election upon district of country where the
pSS-iJences are widely scattered, nor did 1t con-
| fer ON q town the power TO extend the DoundaTles
OF the corporation beyond the acteaI IIilJLsi LnS
| sttemnted act OF incorporation Is here declared
void and the respondents ousted from the exeT-
else OF the functions of trustees. The respond
| ents will pay ali costs incurred, Oo'h III l-iis
court and the court below. =,
II " Swans ct al. vs.. ]. E. NJ. Opperman by
his GUARDIAN Galveston county. k6gers?eL anu
renlanded. Gaines, A. J. Under Lhe eVluenCe
we think plaintiff, appellee, has rlgnt OF ACTON
for mart OF the money claimed, but ms petlt40h
shows no cause of action. On new trlIl ne
Should so amend his petition as TO MAKE II an ac-
lion 10 recover against the legatees under his
fatber's viii the interest which the statute gives
| - oe a Dosfhumous child. husband may
r make gift to the wife OF the community prop
, erty so IS to make it her separate properly IL
is clear that the policy III question was the Sepa-
3 rate property of Mrs NJ. 4. OPpern3n. and qld
NOT mass to her husband by that clsuse IN her
2 will conveying to him her interest II liel- coi
0IvTs5ia Freybe VS.. P. Herman ct al; Calves
: ton county. Reversed and remanded. Games IN IS
A J. the court below wrongful acted IN us
charge upon the theory that mother can estab-
Iish debt against her child for maintenance and
= education only through the proceuarS IN Ihe
county court provided by the statutes relating tc
Guardian and ward. There are cases IN WniCI
) Courts of equity recognize such claims OF the
4 the- and onr courfs being courts of equity
as well as OF law, could CONSIDER sach Claims 3
At the common law it Is the duty OF parent e
ennport the minor children, but where her
e means are small, and the children have means,
e such support becomes proper charge agaLh7
: their own estate. 1t would be a dangerous RUE
E 70 raouira q creditor attacking a conveyance
}; his debtor for fraud to state with exacIneSS anl
PARTICULARLY wherein the fraud consists; w neI'
q debtor in a conveyance 10 creator oVe
states the amount OF indebtedness purported q
d he extinguished by the transfer, such ,tais
II statement Is prima facle conclus we evidence .
IL frsnd When creditor accepts from deoto
!. nroDerty the value OF which IS more than SUI
fcient TO discharge the obligation, the transac
ton is fraudulent in law. If, however, IN
arnonnt of the debt be overstated through ms
take of fact or law, but the property conVeye
NOT exceed the amount OF the actual lhelepteu
"A ness the transaction should not be held Haudu
lent. o. ~, - vT,;,1;o,,, r.+1y
Houston county. Reversed and remande 81
l. Stayton, G. j. The mere fact of sale by an IN
~, solvent debtor to one knowing his financial con
- dition will not necessarily make the transaeto
No | frandnIent but the absolute liability OF tn
bnver ought TO be FIX ed by the contract OF sale
= and be left subject to The remedies creditor
60 60 in sncb cases An insoIvent debtor has L
right to place his property beyond the reach =.
s. creditors and substitu IN the place thereoI %
q COnQltlOnat s1tANA1 VI - 49,
- his insolvency.
"a COURT OF APPEALS.
he p While. p j.; S. \. Wilson, A j.
g. narte ET,iIia Cara; Bexar county. RI
rs veTsed and appellant discharged: Wal
q son A. j. The ordinance involved IN IN
O. s11it is entitled 'An ordinance TO suppress az
il, restrain bayydy houses within the limits OF q
il citv of san Antonio \ municipal coFporA9lo
A. can exercise no power which the chSrter DO
At no+ Grant in EXPRESS words which IS n
ed sariy implied in or incident to the p9%e
d, expressly granted. or which are not S,scli.]
I'd fe declared objects and purposes OF the copper.
W ton TDilIon's Municipal Corp, sec. 81 II
IL right to license must be plainly eonietIeo' OF
DIS viii NOT be held to exist. Id. Sec 3oL by I
-. ! reasonable INTERPRETATION or intendment can
BE concluded that the legislature tb mtg n1er
us grant TO the city OF san A neolU ,1c ORD
"a nance is without authority of law, IS repugna
to valid general Law o ti=e STATE anu y 'oiu-
Ruv the Queen Bee cigars. Fo