Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-04-12

Ihat the clerk put appellant instead OF
plaintiff in error" on the back of the
transcript is immaterial The motion to
dismiss the writ OF error viii be considered
with the case. Per curtain.
D. D. Swearingin VS. T. C. Wilson; from
Wichita. Motion to strike cause from the
docket. l. The recitation BIZ the clerk at
the bottom of the citation in error, suffi-
GENTLY shows when it was issued. 2 The
| return of the sheriff which showed that he
personally" served attorneys with copy
OF the citation in error is sufficient. Over
ruled. Per curtain.
j. B. Goodman VS.. Cameron Smith ct al :
from Dallas. l. This is an injunction suit
and motion to give precedence will be
granted. So ordered. Per curtain.
City Of Dallas vs.. P. ]. Loonie; from
Dallas. Motion to dismiss. l. The charter
Of the city of Dallas gives it the right to
appeal without giving an appeal bond, and
! the act of the legislature in this respect
was valid. Overruled. Per curtain.
Dulane s. Bro. VS.. Byrd ct al; from
| Crosby. Motion to dismiss. l. The iudg-
ment is for stock of cattle, value not being
| shown. The bond IS for $1,000, and in the
absence of showing to the contrary (the
| appeal bond being approved by the clerk
| below. we cannot say the bond is not in
| double the amount OF the judgment. Over
| ruled. Per curtain.
Marsalis vs.. Creager ct al from VIII
| barger. Motion for certiorari l. The ap-
| peal bond is defective, but a certified COPY
attached to this motion shows that valid
appeal bond was filed in the court below.
MOTION Tor ceruorari to bring up appeal
bond granted. Per curtain.
l.. J. CockreQ vs.. j. Fl. Curtis; from
Dallas. Motion to dismiss l. The affidavit
of inability to give bond was sworn to be-
fore notary and this was all that was
done. The appeal must be dismissed. So
ordered. Per curtain.
Western Union Telegraph Company ct al
VS.. Phillips; from Cooke. On motion to
dismiss. l. Where judgments for differ
ent amounts are against different parties
and in favor OF the same party, a separate
appeal bond may be given by each of the
parties. Overruled- Per curiam.
Ewing ct al vs.. Duncan ct al; from
Floyd. Motion to give precedence. l. This
suit IS to restrain county officers from ex-
pending money on public buildings, and en-
titled TO precedence. Motion granted Per |
curtain.
Goodman vs.. Anderson ct al from Dali |
las. Motion TO give precedence. l. This is |
an injunction suit and under the rules en-
titled TO precedence. Motion granted Per |
curiam.
S. M. Swenson vs.. J. c. McLaren from
Stonewan. Motion to dismiss l. A mo-
ton to dismiss because of defective tran
script must specifically point out defects in
transcript. Oyerruled. Per curiam.
Mutual Life Insurance Company VS.. Till
man; from Dallas. Motion to strike out !
part Of record. l. The policy was properly
incorporated in the record. g Insuficiency
OF the testimony to support the Judgment
is sufficient basis of an assignment of
error. Overruled. Per curtain.
Rhomberg VS.. McLaren: from Stonewall
Motion to dismiss. L. Assignments of err
ror are not too general. 2. Party com
planning must show injury resulting from
4 failure Of other party to file briefs in |
lime. Overruled. Per curiam.
Castor vs.. Wright ct al from Dallas:
Motion to strike out statement of facts /. |
This is not an agreed case under the statute |
out the agreed statement OF facts will be |
considered. Per curtain.