The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1894-03-22
COURTS OF CIVIL APPEAL
DECIs.OEs RENDERED BY THE VARl'
Gus COUET5 YESTERDAY.
Opinions Of Distrist Judges Confirmed or
Reformed So as to Ksnder Justice to
Litigants Under the Laws Of
the Stgte Of Texas.
SECOND DISTRICT.

SECOND DISTRICT.
FORT WORTH, NJ arch 2l.--The fol-
lowing opinions were this mOrniuS
handed down:
f Putnam vs Capps q Canty, APP
peal from Tarrant, affirmed; MarDerry
Ut al vs. Farmers and Mechanics Ma
tional bank, appeal from Tarrant,
affirmed; Texas and Pacific Railway
Company VS. w H Wilson, appeal from
Tarrant, affirmed; Texas and Pacific
Railway Company vs. II ii Burton
appeal from Tarrant, reversed and re.
manded, unless appellee within q
days file remitittur OF One-half OF the
| judgment in which case affirmed;
Western Union telegraph Company
vs. McNue, appeal from Wilhargerl
affirmed; the Phelps BigelOw Wind
mill Company VS. G l. Hays, from
| Wilbarger, reversed anC remanded;
Meyer Bros. Drug Company VS. Geo
w Tucker, appeal from Potter, res
verspd ana remauded; Texas and Pa
citio Railway Company vs. l. N
DOuthitt, appeal from Tarrant, affirm.
cd; Missouri, Kansas and Texas Kali.
way Company VS. II X Jones, appeal
from Baylor, affirmed; Mary Tucker
OF al vs. john Burfolt ct al, apreal from
rarrant, affirmed; State of Texas VS. J
B Palm, appeal from Jones, affirmed
Burton Lingo d Co. VS. Mrs M
O'Nei,l, appeal from TaIrant; affirm
ed; Fort Worth and New Orleans
Rail way Company VS. j w Smith OF
al, appeal from Tarrant; reformed and
affirmed if remittitur of $1,000 is filed
in 20 days, otherwise reversed and re-
mauded.
The following motions were this
day decided: Southern Kansas Rail-
way Company VS. C H Schalle, to file
record, granted; Gus + Martin VS. The
Western Union Telegraph Company,
to strike from the docket, overruleI;
Fort Worth and Rio Grande Railway
Company VS. Thomas Lockett, to dis
miss appeal, granted; Mary M
Mann ct al vs G II Earnest,
request to file conclusions of law ana
fact, granted; Mary NJ Mann It al VS.
& H Erne~t, Tehearing refused; w b
'tcksOn vs. A j ANDERSON, supple
mentary motion for rehearing and for
certiorari, refused; Texas aud Pacific
Railway company VS. w A Lancaster,
to substitute appeal and supersedeas
bond, granted as per agreement;
Gulf, Colorado and SANTA Fe Railway
company vs. Thomas G Pierce, rehear-
ing refused.
THIRD DISTRICT.
The Court of Civil Appeals for the
Third district entered the following
orders yesterday:
At1irmed-East Texas Fire Insur.
ance company vs H Harris, appealed
from Lee county; J J KukendalI ct al
VS. Caroline Mcconnell, from San
Saba; East Texas Fire Insurance
company vs. Fl Kempner, from Lee.
reversed and remanded-W j and
J G Briggs VS. B A Pierson, from
Falls; B c Evans Company VS. c Z
AMI Rosa Kingsbury, from McLen-
nan; j w Miles VS. N b Kelly, from
McLepnap; Hamilton Brown
Shoe company vs. Isaac
Lyons ct al, from McLennan;
ChAllOS DlIllhS hdLlj ICSSlNSli W. X IL ar
W hitticher,
Motion for Rehearing M J Sullivan
VS. w A H Miller ct al e cases., from
Llau0; VIM Fl Webb vs. VIM l Haskit,
from Coleman; Austin VS. NJ Ben
nick; Gulf, Colorado and Sa lta Fe
Railway company VS. H r Bean.
Motions Uverruled-Gulf, Colorado
and Santa Fe Railway company VS.
Hume Bros; Houston and Texas Cen.
trail Railway company VS. A NJ Carter
ct al; Receiver Missouri, Kansas auG
Texas Railway VS. VIM Pluge; r II
Fl Chambers VS. Elizabeth Ker ct al;
Thurber, WhyJand q Cows w T Har.
ris ct aI; Simeon Little and wife VS. w
s Baker; Jho p King Manufacturing
VS. J A Solomon et al; Dan
Ford 1t al vs. 5 } FosgarG ct al.
Motions for rehearing submitted:
James | Moore VS. Sophia Poole, Nc.
Lehman; James L Moore VS. Travis +
Jones, McLennan; BOwden & Bowdeu
w San Antonio and Aransas Pass
Railway company, Caldwell: Waco
Water and Light company vs City of
Waco ct al, McLennan; w l. Prather
ct al vs Peter McLennan ct al, Nc
Lehman; N M Newton VS. A Cams g.
Co, Travis; Louis Auerbach vs. M VI
Holley ct IL, Travis; w r Byrd ct
al vs. George l. Perry, Hamilton;
J. b. Ratliff vs.. d. G. Burleson. from
Hays; Receivers of Missouri, Kansas
and Texas Railway company Va.
Graves Bros. 81 Server, from William.
son; G. H Gordon VS.. j. n. Anderson
ct al from Brown; w. r. Byrd VS..
Geo. F. Perry ct al, from Hamilton
JOS Male vs.. Joe Koen, from Travis;
Tom Peoples vs B. f. Yoakum ct al,
from Milan; VIM. Cameron d Co. VS..
Boykin Owens, from Brown; Jeff
Brown Va. VIM. Keye, from Travis:
John Pohl ct al vs.. Bradford & Rowe
Bros, from Williamson; Missouri.
Kansas andVexRs Railway companyvs
Barnet McCGnningham, Williamson:
Chas Dillingham;, receiver. VS. Parker
& Griffith. Lee; Missouri, Kansas and
Texas Railway Company VS. w w
Wylie, Bell; NJ Campbell, receiver
and Great Northern
Railway Company vs. NJ Weiss, Will
lamsoh; Gulf, Colorado and Santa Fe
Railway Company VS. Malone q Mays,
Brown; Gulf Colorado and Santa Fe
Railway Company VS. A Cheatham,
Brown; w r Byrd ct al VS. Geo +
Perry eft al Hamilton. Eliva Doll OF =,