Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-03-31
CIVIL APPEALS DECISIONS
Rendered on Wednesday by The couh at
Austin.


Austin March. 30-Cspeciai.l.in the
court Of civil appeals fur the third district
the following opinions were rendered yes =
a. NJ French et al. W. w. A. McCinnis.
% al, FROM McMullen.
suit ~ trcpass TO try title. Tho appel
lees claim o. brothers and sister Of one
Joseph McGlnnis. the patcntee OF the land
in question. aud proved that said Joseph
McGinnls had not been heard from for
seven years.
proved che relationship o. alleged and
that the pnteniee was dead or that he hal
ahseuted himself for seven years beyond
unless the dpfrndnufs were entitled by
Limitation. This charge was cOinlloincd
OF and the complaint ia well founded on
ton that plaintiffs would Lave 20 show
that no one else was 80 related 70 the
patentee as % preclude them fr0m inhch.
ting the property They should have shown
nt least a reasonable probability that no
wife or child survived him. Probably proof
10 the effect that when last heard Of ne
some such proof was necessary aud tho
charge should have so required
For this error the judgment IS reversed
and the cause remandcd. Opinion BY Key.
Fortune q A. We Kuebrew from Falls.
This ease las been tried before (IO Tex.
431l. 10 is alleged that the defendant claims
traton ana Judgment and that such
award II nudity.
Il was amended and that IN this the nrti-
traitors exceeded their authority Tor after
they made and filed one award their power
ceases and they have no power to meet
again nud renew the casc
Tho rule Is that the power OF nrbitra-
tors ls exhausted and at an end when they
once make mn award, but there ere cN-
liuns In cases OF formal matters, miscalcu-
latiOug aud the Ike aud right Of the court
90 rccommlt rs recognized Oh Tex. 4iVl,
Judgments entered upon an award under
the statute In this state has the same
effect us other judgments. Evury prcsump-
ton should be INDUCED in favor OF the
Judgment that would be INDUCED Ia other
The voluntary appearance of the parties
In the court gave the court jurisdiction
and authorized the entering OF the iudg.
mpnt The judgments In such eases must
be entered ut the succeeding term OF the
court and one entered earlier would he
premature aud ground for reversal on, mp
peal but ~ would not be void Ia a collute-
raj attack go Tex. 2lbl
There is NO reversible error and tho
Judgment IS affirmed. Opinion by Cmlord,
l.. Levy. W nuhose ct a. from Falls,
q. II. DubUsr flVe ono W. NJ fcuBlc his
prominsory motto Tor S225 due Nov ], 1sSD
foes ln ease OF suit THIS note was trims
furred before maturity % appellant ON
Nov. j. lluuuHo come INTO luMu 10 Iiu9
tnc note but before making the payment
ne WIS served with q writ ~ gnrulshmeui
ISSUED I'm a suit I'm the Justice court against
Fcnele. lie proposed 90 appellant that d,
would deposit the money tu await tine TO
suit and appellant objected aud on tht
~ OF November entered suit On the HOu
OF November appellee wins discharged "a,
garulshcc and again rendered The amount
| OF the note with the exception of Ola,
attorneys fees. bubose WIS not protected
| from suit on the note pending the gnrniHh
] HH4.s a.
| note a. shown 10 Doc I'm the hands of "a,
| original unyce after maturity that cuuue,
can be- inquired into ana this rs not sucl
! "A case Tine Judgment rs reversed ant
| rendered for amount due on the note AL
! the time the suit was brought together
with attorneys fees and costs. Opinion
| by COllard, j.
! Gilbert Va Rnnlin 81 al. FROM Limestone
Suit OF trcsparS 20 Try title,
| Case turns mainly on question or bouudn
| rs. 4 part Of the charge complained OF WA