Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-01-27

verdict for $500. The objection urged
AGAINST the chnrge hecauHe me court in-
slructcd the Jury that, " they lonnu Tor
the plaintin not Co allow her more than
s5O06 actual nor $1,000 exemplary damages.
cannot avail 40 reverse the case. li error
was committed it Us evidcut from the ver.
dict that j. dd not intlneiee me Acton OF
the jury. lt Is only where large Nerulcis are
returned that the courts reference In is
charge 90 the maximum amount Wiich may
be allowed "a deemed reversible cffor' ne
ease is affirmed Opinion by Justice Key.
san Antonio and Arkansas Pass Railway
company vs.. T.. Wagner, from BcXar
Tho questions presented IN this ease are
identical with those passed upon by this
court In San Antonio and Aransas Pass
Railway company VS.. A, Busch above, aad
the Judgment IS rcverarq and the cause re.
muh1cd Opinion by Fisher, G. j.
Frank & Co. vs.. Lopez ct al, from VIII
SUIT against X. o. Lopez, wife and admin
istrntriy OF u. Lopez on notes given by u.
Lopez to appellants. Tie petition alleges
that money is due and unpaid on certain
notes that same have been allowed against
the estate ly the administrutrix Int not
paid. that The udminlsuatrix has diverted
the funds with which sird claims should
have been paid. Defendant dpmurrcd To
the jurisdiction. pleaded resadiudicntn, ana
that The petition docs not ailcge the cluss
90 which the claim belonged, nor other
statutory requirements in such proceedings
The demurred was sustained This was error
The petition was not such as would meet
the test ordinarily required in suits ON
pronisspry notes and open accounts bur the
want OF allegations In the respect noticed IS
cured by the avcrments Of the petition
which charge that the appellee allowed and
approved the claims suCd upon. The pc
tituu ducs not state the class TO which the
claim belongs but 10 does aver that the mp
prllec has mtsayplpd and squandercd prop
rrty Of the estate. This would rcuder IL
unnecessary 10 state the class TO when
appcllocs are liable for the claim sued upon,
as well as al other debts due from the ea.
| tate. The remedy provided by Art. 2lI0 OF
| SUylc4 Civil Statutes is not Intended 60 be
exclusive, hut was ineudcd to be- merely am
nulatiyc. The bond required " the survivor
/ administering the estate H. for the prOtec-
ton OF creditors. and when It's conditions
/ and terms are violated to the injury VI the
| creditor, ne hats right TO ~ into any
| court having jurisdiction Of the amount
and determine his rights there. The facts
| that me has claim against the estate
| and thut ~ Is unpaid and that circumstances
| have arisen that make the administrators of
| The community property ana her surcties
| liable for lbs payment are facts that cim
/ only be properly adiudlcnted In n court
| th1t mas jurisdiction over the subject matter
| OF the SUIT. aud in gsCcrtuinmg N these
| iacts are true it Is valuable privilege that
| inc parties have. In having them passed
! upon by the verdict OF q Jury. This thry
cannot do ~ the jurisdiction of the prohutc
| court Is exclusive as giycu by articles
/ . 20
! The court erred In sustaining the demurrer
| ANA the Judgment Is reversed and the cnugc
remohded Opinion by Fisher, G. j.
GALVESTON APPEALS COURT.
Galveston, Tex, Jan. 2G.-lSpecial)--
! me court OF civil appeals met today, q
| iull bench present and handed down de-
cisions in the following cases:
! JalnoN johnson ct AL VS.. the Iasker
! hriW Estate association, appeal from
galveston county; reversed and re-
| muhdcd.
Henry Ashe VS.. r. W. Calhoun. ap.
peal IRON Anderson county; reversed aud
| rvWuudcd.
Missouri Pacific Railroad company VS..
! NJ. J.. Was,mau, appeal from Harrison
! countW reversed aud rcmaudcd
International aud Grcnt Northern Rail
| way company, plaintiff I'm error vs.. Thorn
| Os Greenwood. defendant in error error
! FROM Harrison county III appellee viii
! within ten days iile in This court re-
| mittitur of exemplary damages $1,000 tile
! Judgment will be- affirmed otherwise IL
| will bc reversed and reminded"
southern Pacific Hallway company vs..
! John Lasoh, appeal from Galveston
! county, reversed and rpuanded
Henry Ash vs.. -. 4. Aikeu. appeal
from Anderson county The casc should
not be- indefinitely continued until the
other cases are disposed Of nor uurpnsou-
ably delayed, but such proceedings should
bc had aS TO reach n definite determine
ton of the rights respecting the fund.
Reversed and reminded.
| Thomas Benson vs.. Screwmans Be
| uoyolcnt association, appeal from Calves
ton county; reversed and rrmuudod
! Thomas Dwycr vs.. D. III. Bnssctt,
senior partner, from Washington county
motion for rphcnring oyerrulrd.
Missouri, Kansas and Texas Railway
| company ys.1rinity Coun Is Lumber COM
puny; motion for rehenring Overuled
Tom Russell VS.. W. H. Nall. from
Jefferson county; motion for reheanng
uyorrulci.
Mary G. Southwck ct al. VS. William
ana Mary r. Kelly, from Cameron
county; motion Tor rehcarng submitted.
Adoue and l.Obit vs.. Peter G.. Nichols.
Earnl"hee ct al from Galveston county
motion 10 affirm on certificate granted.
Thomas j. Hundv rs. III n Wool.
house from Cameron county: Leave ia
iilc transcript granted al appellants cost
X ID. Welsh ct al. ". Thomas /
Walsh ct a.. from Aransas county.
motion to affirm on certificate dismissed
because of no copy Of Judgment
T. NJ. Campbell receiver VS.. r. r.
virgins, tax collector, from Smith
county; motion to cer,''- IN supreme
court points of dissent granted.
beaumont Car works ct al, VS. Beau.
mont Improvement company, from .Ieffel.
son county; motion to correct transcript
granted
w, n and s. r. Tavlor VS.. II. NJ
, Fielder, appeal from Wharton county,
motion for filing brief granted.
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