Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-12-05
COURT OF APPEALS.
syuoIses CT Decisions Rendered at the Pres
pnt Tyler Sitting.

NuoIses CT Decisions Rendered at the Pres
pnt Tyler sitting.
Correspondence OF the Gazette
TYLER, Ten, Dec. SIS. l.. Ander-
sou ct al ". Cleburne Building and
Loan Association; from johnson. Mo-
ton for rehearing. This cause was re-
yeTssd and remanded 1T the last Austin
term OF this court, and d motion for re-
hearing. supported by an able oral argu-
maut and briefs on the part of appellee,
was filed and The motion transferred to
Iyl-r A. b. Anderson borrowed $50
from appellee, giving therefor his note
for Sl,G, the $50 being added TO the face
u the note and representing the interest
% the amount. Subsequently,, and
before maturity of the note, An
lersuu died, and his son, 5.
l.. Anderson, together with suretles
appellants here) III consideration of an
extension OF time, extended the note on
Which this suit Was brought for the sum
II $50. -; the sum of S37 20 being adj
igilu the face OF the note 10y cslculat-
Jug Interest ut the rate of per cent. per
month Tor ten months, the time of the
-atVA7.htl ilVlus w o IOAN Nioh NhV 10 "
when Applied TO the facts set forth
ID dsteulant's plea made the transact
lion u uscounting one, and as such.
0huOX Gus 10 our constitution and Laws.
:. CUR constitution and laws unques-s
tonnoly intended that no private cor
FTailuu should be created with, or ever
exercise banking or discounting privil-
eyes, Coast. Art. 81, SEQ. l6-R. S.
AIT. ttt, subdivision IS. and as if TO
place AMI pmphaslZe this and all other
matters with regard to this power and
authority, II is expressly declared that,
''no CORPORATION created under tbs pro-
visions Uf this title shall employ its
H0cN, means, assets or other property,
dE""tly or indirectly, for any other pur-
pose whatever than to accomplish the
'sg.t.mate objects OF its creation. - r.
:. Art $50. Their authority is ex-
Ws,sy limited by the purposes of their
CHARTER. To 20 beyond the legitimate
Objects OF their charter is ultra wires
ami I.H act Is void because the law says
NstIN NOT be done. 8. The act of ap-
Iflt,s was discouuting in controveu-
'oa 81 iuw and was ultra wires. 4.
APPELLANT Anderson IS not estopped from
setting up ultra wires, and he is not
Na7l deItcio. Couu. 560-I3 Conn.
99-7d va. 1875 Pa. AZ. The case
Vas correctly reversed and remanded.
Notion overrued. White, p. J.
Charles Miller VS.. the State; from
u@Jas, robbery. /. The evidence is
sR..tLt, the confession being TO some
extent turroborgted, and the confession
vas Voluntary ana admissible III evil
l5Aes. >. Tie charge of the court full
and applicable 10 the facts. Affirmed.
Ter olgAm.
Bonner y Eddy. receivers, VS.. irwin
"el'ek; from Smith; certificate for
ah-mance. /. The motion is in COM
rtaIrs with the rules and will be
Eaaui Affirmed on certificate. Per
Curtain.
John Williams vs.. the State: from
JA.as; robbery. l. The Indictment is
s'a1 ana the charge of the court correct.
NJ statement CT facts or bills of excep~
IN. No error. Affirmed, Per GU
ram.
tx Parte H. II. Moore ct al; from
dorado. Realtors stand charged with
Iufler IN the first degree, and this APP
iea' Is from an order of the lower court
,Fiusug them bail. Held: We think
,1e proof is evident and that the REALTORS
we're properly denied bail. Affirmed.
Per curtain.
> {. McReyrolds VS.. c. B. Carter
Lumber company; from Rockwall Mo-
"ou 70 affirm on certificate. /. The mo-
On makes the proper showing for au
su'uance and Is granted. Affirmed on
VI Acate. Per curtain.
fayette Warren VS.. the State; from
Itv1i Sat ant
sOou and evidence sufficient. .. Con-
"ssion voluntary and admissible. No