Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-06-14

w X Hamblin VS. Thomas B. knight;
from MiFam. Suit by appellant to enioin Il
Judgment Tor money rendered against him.
l. One against whom a Judgment has been
rendered without notice. may no doubt OBJ
tam relief from IL by Injunction, notwith-
standing il may appear from an official re-
turn or by the recitals in the final judgment
that he had been duly served with citation
or that he had voluntarily appeared. either
in person or by attorney. Such relief by
Injunction. however. will not be admins
tered when the party has an adequate
remedy at law. nor as a general rule when
he has an opportunity to make motion for
a new trial at the term At which the judg-
ment was rendered. In every case where
such relief is sought by injunction it should
be done without delay, or if from any cause
delay exists, it should be accounted for and
excused. in addition to which il must be
shown that the party has u meritorious de-
Tense 10 the action. The petition by appel
ant is defective in alleging nothing tending
to show that his remedy by a motion for i
new trial was not adequate. court could not
have adjourned when the petition was filed.
Affirmed. Henry. J.
W. T. Waggoner vs.. Jules Alvord ct Al ::
from Wilbargcr. TreSpaSs to my title by
appellant l. Certain deeds alleged to
constitute title in appellant were alleged to
De lOSI ana appellant Sought 10 lay the COLL
mon law predicate for the admission of
evidence of their execution and contents by
his affidavit to the effect that said deeds
We're deposited with his attorneys IN Clay
county for the purpose of registration i'll
the counties where the land was situated,
and that same have never been returned to
him, but are lost That he applied TO his
attorneys for said deeds and that he had
made and caused the clerks to make in the
counties where the land was situated dill
igent search for said deeds. That he has
caused his attorneys to make search IN
their office and among their documents, etc,
for said deeds, and that he also caused his
grantor to look for same as well as search
ing in every place where II was likely same
could be found. Witnesses testified to the
contents of the deeds. Held: Proof of the
execution ana contents of the deeds should
have been admitted Reversed and re-
manded. Henry, j.
F. NJ. Taylor ct al. vs. and F. NJ. Long:
from Nolan. Suit by appellees to recover
certain cattle from F. NJ Taylor and to re-
cover damages for brands placed theron by
said Taylor. NJ. G. and S. K. Taylor mi
nors, by next friend interviewed
Ginning the cattle by virtue of
being purchasers 4 4 mortgage sale
of same. Judgment in favor of appel
lees for cate and $50 damages against de-
1enuant ana the HlerNenors. Held: l.
The evidence nor pleadings of appellees pc
tition support the verdict for damages
against the intervenors. Damages alone
were claimed against f. NJ. Taylor, defen-
dant. 3 The opinion of a witness as to
what amount of damages a man would sus-
tain by another branding thirty-five or
forty head out of heard of $50 head of cat
tie should have been excluded. Facts
should be shown, and then the jury should
draw their own conclusions. Reversed and
remanded. Henry, j.