The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-05-31

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,rov;sion that judgment shall not be reversed 10,
error In The charge of the court unless sucn error
a. Nv hin or on motion trial. is held IN Johnson 10
e,.,e f1exas) 81 L. r. A. a7z to be constitutional on ~
ground that it does not affect any vested right 'D'
regulates the remedy . . &
1;or license transferable person acceptance "
the hoard which has authority in the matter though u
10 revocation by subsequent legislation is held IN rie
Cushman &C. c. A. ist c. 81 L. K Aea92 10 DC p'0p'''
which passes under the bankrupt law.
decree for anony is held in Barclay vs. Barclay tnJ
IRA ,st to be penalty for failure to perform du'y
and NOT debt which can proved and discharged IN DANG
ruptcy proceedings . . :.
The wrongful dishonor by bank OF the checks OF a
trader is held in j. M. James Company VS. Commences
tiona Bank (Tenn.), L. r. A. 25s, to raise coho,u
presumption of damages to him, but an action neeio -
held not to be action for SANDER within the meaning OF
statute Of limitations. .
t1,de, deed bounding land by artificial pond whicn
had tcer in existence than forty and thus become
body of water the waters of which ebbed
and flowed time to time as to leave margin oe
tween high and marks is held in boardman vs.
Scott (Ga 81 L. r. A. 17s that the line of the land SO con-
viewed did not the thread of the stream from whose
waters the pond was formed but only the ow-waer marx
of the pond the date of the execution OF the deed note
to this case reviewing the authorities shows that this he
first case really apply artificial ponds the rule governing
boundaries lakes
An Injunction against the encroachmcnt by building
upon space reserved by plat of lots for court
yard is denied in Ewertsen Cerstenbeg GD L. R. A.
40 where other had erected buildings encroaching
upon such space though to less extent and no objection
had been made by the compliments.
The killing at a railroad station of awaiting the
arrival of relative by train in consequence of the neg
gence of the railroad company in leaving baggage truck
where turned little the train passed and struck by
one of the cars which hurled it against the standing
there is held in Denver and Rio Grande Railway Company
vs. Spencer (Colo) 81 L. r. A. to make the railroad
company liable for his death.
The of the court of Colorado to review on
certioari judgment of the court OF appeals in habeas
corpus proceeding respecting the custody of child is held
in People rel Green Court of Appeals ColoO, 81 L.
r A. Io5 not be within the general experimenting
troll inferior that is conferred by the consti
the supreme where the contention is that the
exceeded its jurisdiction by applying rule OF
law variance with the settled doctrine the subject but
that had jurisdiction determine the question and its
judgment in conflict with any prior decision OF the
supreme
One who takes orders in his from house to
house articles manufactured in another State and who
in his sends single order TO the manufacturer
without stating the of his and receiving
the packages containing the articles delivers therefrom the
separate articles his is held in Croy Epper-
(TennD 81 L. r. A. z54 be exempt the ground
that he is engaged in interstate from privilege
Cases in which drummers and travelling agents of non
residents have been held exempt from State license
the ground that they engaged in
is shown in in l. R. A. 81, distinguished in the
OF Racine Iron Company McCommons (Ga.), 81 t.
r. A. 4. which holds that travelling agent who takes
der but receives the goods in bulk upon shipment from
other State and then breaks the packages and distributes the
among his engaged in interstate
commerce.
statute making it unlawful to add any other
substance milk that is intended for held in State
VS.. Schenker Oowa), l. r. 347, be constitutional
exercise OF the police power the substances added
injurious used with intent defraud, but
merely for the purpose of preserving the milk.
The establishment of smallpox hospital depreciang the
value of neghbong real is held in Frazer Chi
Ql), 81 l. r. A. 900 not to constitute taking
damaging of such property within the constitutional prov
sion requiring compensation