Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-11-07
THE HIGHER COURTS
Decisions Rendered at the
Present Tyler Sitting.
COURT OF APPEALS RULINGS.
Supreme Court-Hon. John W. Stayton.
Chief Justice-R. r. Gaines and John
L. Henry, Associate Justices.
S. ID. Reeves, Clerk.
Court of Appeals.

| Court of Appeals.
| Hon. John P. White, presiding judge; ]. NJ.
| Hurt and w. l.. Davidson. associate
| judges; Z. p. smith, clerk.
| Texas Trunk Railway VS.. A. G. Pamill
| from Kaufman. Motion to strike out APP
| pellant's brief l. The motion is overruled
| and stricken out because not signed by
counsel nor any one else. From the answer
| TO the motion, which is sworn to, no injury
| could inure to appellee from failure of APP
| pellant to file briefs in the county court
within the time prescribed by law. Over
| ruled. Per curtain.
Texas Trunk Railway VS.. ALT Allen; from
Kaufman. Motion to strike out appellants
brief. l. The motion cannot be considered
because not signed by counsel or any one
else. . No injury is shown by appellee be-
cause appellant did not file briefs in the
county court in the prescribed time. Unless
this is done and injury shown, motion to
strike out briefs on that ground is not well
taken. Overruled. Per curtain.
Mary V. Houston ct al. vs.. t. J. Buchan-
an; from Hopkins. Motion to strike out
the testimony OF witness from the state
ment of facts. l. Motion not well taken.
If the case is reversed costs may be ad
judged against appellant, Of the statement
referred to. rs Tex, 664. Overruledss
Per curtain.
W. A. Carroll VS.. j. S. Gilbert: from Ma
varro. Motion 10 dismiss appeal !. There
was no trial de rovo in the county court.
The appeal was dismissed in that court and
the amount was over $50 This court has
jurisdiction. Overruled. Per curtain.
SSisssSs
Reese Franklin VS.. the state; from Delta.
Motion to dismiss. 1. A recogniZance which
recites the otfense as 'willfully failing and
refuSinn to work u public road inside
scribes the otfense charged and describeSino
offense against the law. Appeal dismissed.
Per curtain.
Isaac Kilgore VS.. the state; from Navarro.
Notion to dismiss. l. A recognizance which
recites the offense as ''unlawfully carrying
q pistol" miSdescribeS the offense charged
and describes no offense against the laws of
this state. Appeal dismissed. Per curtain.
Supreme Court.
la Berger VS.. W. Il. Young ct al ; from
Navarro Motion to dismiss. l. Where
there is judgment of dismissal and a
Judgment for costs it sufficiently shows
that there was case in court without the
pleadingS. Motion to dismiss because it is
not shown that there was a case in court
below is not well taken. Overruled. Per
curtain.
State of Texas VS.. Texas Trunk Railway:
i.
This suit was brought to recover the statu-
tory penalty for failure of appellee to build
a depot at a crossing with another railway.
Pending appeal the statute on which the
suit is founded has been repealed. The ap-
peal is dismissed. Per curtain.
A. ]. Jordan vs. S. E Jordan: from Kauf-
man. Motion to dismiss. l. Even though
i bond be not in sufficient amount, if same
is filed and approved by the clerk, it will be
held good. If the complaining party is in
jured thereby his recourse is or the clerk
and his bondsmen. Overruled. Per curiam.
S. W. Grimes vs.. R. Freedman s. Co;
from ---. Motion to dismiss. /. a judg
ment which does not dispose of the inter
ests of all parties to the suit, is not a final
judgment. Appeal dismissed. Per cur
lam.
NJ J. Wood VS.. T. H. Lenox ct al; from
Cass. Motion to dismiss. l. The bond is
made payable to the proper parties. There
is no merit in the motion. Overruled. Per
curtain.
F. NJ. Moore vs. First National Bank,
Kaufman: from Kaufman. Motion to dis
miss. l. The paper on which briefs are
printed is thin, but is good, and in accord
ance with the rules. Assignments of error
Overruled. Per curiam.
State of Texas ct al. vs.. Theo. Mallinson;
from McLennan. Motion TO give prece
dence ii. The question at issue involves the
interest of the state and is also one of pub
lie interest. Granted. Per curtain.
State of Texas vs. Texas and Pacific
Railway; from Kaufman. Motion to dis
miss. l. Prnding this appeal, the statute on
which this suit is based failing to build de-
pot at intersection with another railway
has been repealed. Dismissed. Per curtain.
ST. Louis, Arkansas and Texas railway
VS.. B. 7. Denny; from Navarro. Motion to
strike out statement of facts. l. If papers
have been inserted in statement of facts,
upon an inspection of the record, costs can
be taxed against party having same in
serted. Overruled. Per curiam.
Green ]. Clark, administrator, VS.. Babe
Coins; from Kaufman. Motion to dismiss.
l. Where briefs are in substantial compi-
ance with the rules, they meet all require
ments and minor and unimportaut defects
will not be noticed. Overruled. Per Gu
riam.
T. D. Montrose VS.. Fannin County Bank.
Motion to strike out statement of facts sent
up by appellee. l. Appellant has caused to
be sent up 'properly-prepared transcript
FcIOsiiISc ilii liC AC AiOSAOA
IS Granted. Per curtain.
Peter Cassiday VS.. O. S. Davis ct al;
from Hopkins. Motion to dismiss. l. a
as bond which is not conditioned
that appellant will pay such damages as
may be assessed against him, is fatally de-
fective. Appeal dismissed. Per curtain.
W. S. Oneal VS.. Joseph Huey; from
Navarro. Motion to dismiss. l. A party
Shas the right TO appeal whether his sure
ties do or not, without joining them as
either appellees or appellants. 2. An ap-
peal bond though insufficient in amount, if
approved by the clerk is good on appeal
Overruled. Per curtain
East Texas Fire Insurance Company vs.
Jane Y. Fhppen; from Bowie. Motion to
strike out mart of the stafamant of facts