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All Reporters → sw2d → Volume 167

Opinions in sw2d Volume 167

The controversy here presented to the Court arises out of an effort by certain employees of Magnet Mills, Inc., to obtain unemployment compensation to which they contend they are entitled under chapter 1 of the Acts of the First Extra Session of the Legislature in 1936, section 6901.1 et seq., Williams' Code, section 6901(1) et seq., Michie's Code. Their claims were regularly presented according t...
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This petition for habeas corpus was dismissed by the trial judge. The three petitioners were convicted in Greene County in 1934 of murder in the first degree, of which they had plead guilty. They have been and now are in the State prison, from which they seek release in this proceeding. They say that the judgment of the Greene County Court is void for the reason that it followed and was in accord ...
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1. Insurance. In insured's suit to cancel premium notes secured by insurer's general agent who retained payments on notes which insured had signed with the amount blank because of uncertainty as to actual amount due, and which were filled in by agent for greater amounts than were due, without knowledge of or notice to insured, whether insured received informatory notices as to premiums and amounts...
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The complainant, who was formerly employed by the defendants as a yardman in what is known as the Memphis Terminal Yards, instituted this suit to recover damages for the alleged breach of what he insists was a written contract of employment, claiming that he was wrongfully discharged by the defendants. He also sought a decree directing his reinstatement with full "seniority rights" alleged to have...
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Affirming. After midnight of October 8, 1938, W.E. Bourne was a guest in an automobile belonging to Mrs. Almeeda Hollis and being driven by her brother, Dewey Lewis. They were going south on the Preston Street Road in Jefferson County. John Calvert was driving his automobile north. The two cars collided and Bourne suffered such injuries as necessitated the amputation of his leg. Mrs. Hollis was al...
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Affirming. On April 16, 1941, Cleo Gorin brought an action for divorce in the Jefferson circuit court against her husband, Paul T. Gorin. She asked for the custody of her two infant children and for an allowance of $18 a week during the pendency of the action, and for a like sum at the termination thereof as permanent alimony and maintenance. Summons was served on the defendant April 21, 1941. A r...
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Affirming. Appellant, Tennis Hamilton, was convicted of the crime of manslaughter upon an indictment charging him with the murder of his stepfather, Sanford Williamson. He was sentenced to confinement in the state reformatory for a period of 15 years. He has assigned three grounds for reversal of the judgment, viz: (1) that the court erred in not sustaining his motion for a new trial *Page 309 up...
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Affirming. At the trial of appellant, Bill Horn, in the Estill circuit court on an indictment charging him with murdering his nephew, Orville Horn – who was sixteen years of age – he was found guilty by the jury of voluntary manslaughter and punished by confinement in the penitentiary for two years. His motion for a new trial was overruled, and from the verdict and judgment pronounced thereon he p...
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Motion for appeal denied and judgment affirmed. *Page 854 ...
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Appeal denied; judgment affirmed....
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Appeal denied; judgment affirmed. ...
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Appeal denied; judgment affirmed. ...
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Appeal denied; judgment affirmed. ...
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Appeal denied; judgment affirmed. ...
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Appeal denied; judgment affirmed. ...
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Appeal denied; judgment affirmed. *Page 855 ...
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This proceeding was instituted in the circuit court of Nodaway county, Missouri, to set aside a release of a deed of trust, to establish the same as a first lien against certain real estate and also to foreclose the same to satisfy a note described in the deed of trust in the principal sum of $9,000.00. The trial court granted the relief prayed for and all defendants appealed. Because of a change ...
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Appellants, as receivers of the Wabash Railway Company, appeal from a $10,000 judgment for respondent. Respondent's husband, Paul Krause, was killed instantly when appellants' west bound train struck his automobile at a public highway grade intersection. Respondent's case was submitted on charges, in the alternative, that appellants negligently failed to warn of the approach or to slacken the spee...
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William H. Kopp, plaintiff, sued Louise McGrew Moffett, defendant, and Louise McGrew Moffett, executrix of the estate of T.S. Moffett, deceased, for services claimed to have been rendered by plaintiff as an accountant in auditing the books and filing income tax returns in connection with the estate of defendant's deceased husband, T.S. Moffett. In a second amended petition, upon which trial was jo...
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This case has been reheard. After the first hearing an opinion prepared by Commissioner Sperry was adopted. There were four points for decision, viz., claimed error of the court in overruling the demurrer; in giving plaintiff's Instruction No. 1; in the admission of evidence; and in giving plaintiff's Instruction No. 2, authorizing the allowance of penalty and attorney's fee. No new points were pr...
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This suit was instituted by appellants, as relators, against respondents, as defendants, upon the official bond of Ruben R. Schade, as sheriff of Cape Girardeau County, and the other defendants as sureties on said bond. Relators dismissed the cause as to C. L. Grant because of his death, after which it was submitted to the judge of the Circuit Court of Cape Girardeau County as to all other defenda...
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Appellant was convicted for violating 3398 of Pope's Digest which is part of the statute commonly referred to as the Pandering Act, and from the sentence to a term in the penitentiary upon that conviction is this appeal. For the reversal of this judgment it is insisted that the testimony is insufficient to support the verdict and that error was committed in refusing to give certain requested instr...
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In this suit, originally brought before a justice of the peace by the appellee, John Howe, against the appellant, Fred Ermert, for the possession of a mule, the appellee was awarded judgment for the animal by the circuit court. On September 9th, 1941, this mule, of the value of $125, owned by appellee, a resident of Greene county, was taken up by Wright in his field in Clay county. The running at ...
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delivered the opinion of the Court. Relator filed an original petition for writ of mandamus to compel the respondent to issue him a warrant for compensation alleged to be due him as Special Judge of the 95th Judicial District Court for Dallas County, to which position he had been duly elected by the practicing lawyers of Dallas County, in the absence of the regular judge, who had failed to hold co...
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This is a boundary suit, in which petitioners Helen Pritchard and I. F. Pritchard and their lessee seek to recover from respondents W. T. Burnside and Ethel Burnside, their lessee and others, the title and possession of a tract of land containing 7.85 acres in the Francis W. Johnson survey in Gregg County, and the value of oil taken by respondents from three wells drilled or caused to be drilled b...
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This is a workmen’s compensation case in which the employee, Kenneth Latcholia, a minor suing by his father as next friend, was awarded judgment in the trial court in a lump sum upon a verdict of the jury finding total and permanent disability. The Court of Civil Appeals reversed the judgment of the trial court and rendered judgment in favor of the insurer. 154 S.W.2d 146. The record discloses tha...
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delivered the opinion of the Commission of Appeals, Section A. This is a workmen’s compensation case in which the employee, Kenneth Latcholia, a minor suing by his father as next friend, was awarded judgment in the trial court in a lump sum upon a verdict of the jury finding total and permanent disability. The Court of Civil Appeals reversed the judgment of the trial court and rendered judgment in...
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The offense is robbery. The punishment assessed is confinement in the State penitentiary for a period of twelve years. The only question presented for review is a claimed variance between the name of the alleged injured party and the proof in support thereof. It appears from the indictment that the name of the injured party was Paul Hamons, but he testified that it was Hamon. However, there is tes...
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Murder is the offense; the punishment, ninety-nine years in the State penitentiary. That portion of the vast King Ranch situated in Nueces County is bounded on the south by the waters of the Laguna Madre, an inlet of the Gulf of Mexico. The other boundary lines, and especially that to the north, are marked by a substantial fence. The submerged lands of the Laguna Madre are owned by the State of Te...
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Conviction is for an aggravated assault, punishment assessed being a fine of one thousand dollars and two years in the county jail. The indictment 'contained two counts, the first charging that appellant made an assault upon Evelyn Cox with intent to have carnal knowledge of her, she being under eighteen years of age, and not appellant’s wife. The second count charged that .appellant did attempt t...
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Conviction is for an aggravated assault, punishment assessed being a fine of $1,000.00 and two years in the county jail. The indictment contained two counts, the first charging that appellant made an assault upon Evelyn Cox with intent to have carnal knowledge of her, she being under eighteen years of age, and not appellant’s wife. The second count charged that appellant did attempt to have carnal...
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Upon a trial before a jury appellant was convicted of possessing for the purpose of sale intoxicating liquor in Scurry County, a dry area; his punishment was assessed at six months’ confinement in the county jail. No bills of exception or statement of facts appear in the record. Nothing is presented for review. The judgment is affirmed....
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Appellant was convicted of the unlawful possession of intoxicating liquor for the purpose of sale in a dry area, and fined the sum of $100.00. There are neither bills of exceptions nor statement of facts in the record. The proceedings appear to be in regular form, and we find nothing presented to us for review. The judgment is affirmed....
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ON MOTION FOR REHEARING. The record reveals that on March 10, 1942, appellant entered a plea of guilty before the court to a charge of possessing for the purpose of sale “6 pint bottles of wine” in Scurry County, properly alleged to have been dry area. The trial term of court adjourned on April 30, 1942. No motion for new trial was filed. On May 26, 1942, a request for a 30 day extension within wh...
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Appellant was charged with violation of the liquor laws and assessed a fine of $200.00. *252The record is before us without bills of exception and statement of facts. It appears to be regular in every respect and we find nothing for our consideration. The judgment of the trial court is affirmed....
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Appellant was charged with violation of the liquor laws and assessed a fine of $200.00. The record is before us without bills of exception and statement of facts. It appears to be regular in every respect and we find nothing for our consideration. The judgment of the trial court is affirmed....
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Appellant was charged with possessing intoxicating liquor for the purpose of sale in Scurry County, a dry area. Upon a plea of guilty before the court appellant’s punishment was assessed at a fine of $200.00. No bills of exception or statement of facts appear in the record. Nothing is presented for review. The judgment is affirmed....
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Appellant was charged with possessing intoxicating liquor for the purpose of sale in Scurry County, a dry area. Upon a plea of guilty before the court appellant’s punishment was assessed at a fine of $200.00. The record contains neither statement of facts nor bills of exception, in which condition nothing is presented for review. The judgment is affirmed....
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Appellant was charged with possessing intoxicating liquor for the purpose of sale in Scurry County, a dry area. Upon a plea of guilty before the court appellant’s punishment was assessed at a fine of $200.00. The record is before this court without bills of exception or statement of facts, in which condition nothing is presented for review. The judgment is affirmed....
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Appellant was charged with possessing intoxicating liquor for the purpose of sale in Scurry County, a dry area. Upon a plea of guilty before the court appellant’s punishment was assessed at a fine of $200.00. No bills of exception or statement of facts appear in the record. Nothing is presented for review. The judgment is affirmed....
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Appellant was charged with possessing intoxicating liquor for the purpose of sale in Scurry County, a dry area. Upon a plea of guilty before the court appellant’s punishment was assessed at a fine of $200.00. No bills of exception or statement of facts appear in the record. Nothing is presented for review. The judgment is affirmed....
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In October, 1939, appellant was charged by proper indictment with the offense of burglary. On that date he entered his plea of guilty before the district judge of that county, and upon a judgment of guilt he was given a term of five years in the penitentiary, and his sentence was suspended during good behavior. However, on February 19, 1941, this same appellant was again 'brought into the same cou...
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Appellant was convicted as an habitual criminal and his punishment was assessed at confinement in the State penitentiary for life. This is the second appeal in this case. The opinion delivered by this court on the former appeal may be found reported in Volume 154 S. W. (2d) 852. (142 Texas Crim. Rep., 493). The evidence adduced on this trial is substantially the same as that on the former trial an...
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Appellant was convicted of the charge of rape on Georgia Warren, his stepdaughter, who was alleged to be under the age of eighteen years, and was. by the jury given a term of five years in the State penitentiary. The testimony need not be set forth herein, but it seemed to be satisfactory to the jury, and has a sufficient amount of probity to cause us to say that it supported their verdict. Appell...
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Appellant was given a penalty of ten years in the State prison for an assault to murder upon Dorothy Godley, hence this appeal. The indictment contained four counts, the court submitting this cause upon the fourth count. Such count alleged, in substance, that appellant made an assault in and upon Dorothy Godley and shot at her, and that she died from shock and fright. The deceased was a negro girl...
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Appellant was convicted of murder without malice, and given two years in the penitentiary. There is no statement of facts brought forward in the record. Appellant complains in his first bill of exceptions of the court’s overruling his application for a continuance because of the absence of the witness Eugene Fountain, who it was alleged would give certain favorable testimony for appellant. The tri...
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The appeal is from a conviction in the county court of Harris County with a fine of $200.00 and confinement in jail for a period of twenty days. The complaint charges appellant, together with her husband, with having been engaged in keeping and assisting in keeping a bawdy house. The transcript contains a lengthy instrument setting out seventeen “exceptions” which is denominated a bill of exceptio...
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This appeal — in a straight trespass to try title suit — is from a judgment of the 127th District Court of Plarris County, divesting the appellants of any interest therein and investing the appellees with full title to and right of possession of 185 acres of land out of the Victor Blanco five-league grant on the west bank of San Jacinto River in Harris County, entered on February 3, 1942, in respo...
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This is a workman’s compensation case, with appellant, Casualty Reciprocal Exchange, the compensation insurance carrier, appellee, Jim Baloney, the employee, and Crystal Ice Company the employer. Ap-pellee alleged that on the 14th of September, 1941, he suffered a total permanent disability while stacking cubes of ice in the course of his employment. On the verdict of the jury finding that issue i...
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This is the second appeal of this case. Our opinion in the first appeal is reported in 151 S.W.2d 338, wherein we reversed and remanded the case because of violations of the provisions of Article 3716, Vernon’s Ann.Civ.Stat., relative to transactions with, and statements of, a deceased person. In order that this opinion may be complete within itself, we shall restate, without quotations, some of t...
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Clyde Dickerson has appealed from a. judgment of the District Court of Bexar *219County that he take nothing as against Julia Dickerson and Great American Indemnity Company, alleged to be a surety upon a guardian’s bond executed by Julia Dickerson as principal. Trial below was to the court without a jury and no findings of fact or conclusions of law were filed. Appellant’s theory of recovery was t...
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Rule 37 case. Appeal from a final judgment cancelling a permit to drill well No. 4 on a 3.65-acre lease in the East Texas Oil Field. The appeal was by the Commission, its members, and the permittees. Only the latter, however, have briefed the case, and the appeal is dismissed as to the Commission and its members. The only ruling complained of by permittees is the overruling of their motion to cont...
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The suit in the trial court was by Far-rar, appellee, surety on a supersedeas bond in another cause where M. V. Mowery, John White and H. J. - Yarborough were judgment creditors; the instant proceedings being for contribution and exoneration against Lloyds Casualty Insurer, an alleged “additional surety” in the Mowery appeal. There are, in fact, two records before us: Lloyds having perfected an ap...
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This is an appeal from a garnishment suit instituted by Mrs. Elsie Gayle against the Treasurer of the State of Texas. Mrs. Gayle’s husband died on September 3, 1935, at which time he held three certificates of membership in Home Benefit Association, a local mutual aid operating under the provisions of the Acts of 1929, 41st Leg., c. 274, as embraced in Article 4875a — 1 et seq. of Vernon’s Civ.Sta...
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This suit was instituted in the District Court of Lipscomb County, Texas on August 25, 1941, by the plaintiff, the City of Booker, a municipal corporation, against Bony Cook, defendant, to recover the sum of $1,135.51 delinquent taxes, interest, penalty and costs alleged to have accrued to plaintiff because of the nonpayment of taxes in certain years on certain property owned by the defendant. The...
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This is a suit for damages brought by the surviving widow, and other members of the family of C. L. Barnaby, against the Missouri-Kansas-Texas Railroad Company of Texas, because of the death of C. L. Barnaby while an employee of defendant. Mr. Barnaby had been in the service of the defendant on its Texas Central branch, in the capacity of locomotive engineer, for about thirty years. The tragedy oc...
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B. W. King brought this suit to cancel a note and a lien, securing same, covering 200 acres of land owned by plaintiff. A brief history of the material events leading up to this suit is as follows: In 1928 one Gameson, then the owner of the land, executed a note for $4,000 in favor of the Dallas Joint Stock Land Bank of Dallas, and to secure it executed a deed of trust covering the land in questio...
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The Railroad Commission granted appellant Robinson Truck Lines, Inc., what was designated a “Reroute Order”, which permitted it to operate motor freight services over certain highways between certain Texas cities as an alternative route. Appellant owned certificates of convenience and necessity to operate through and intermediate points freight services between the same cities, but over a more cir...
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This is a companion case to cause No. 9348, Railroad Commission et al. v. Red Arrow Freight Lines, Inc., 167 S.W.2d 249, this day decided by this court. The cases were tried in the court below together and one record was made, and the brief filed in cause No. 9348 is filed in the instant case. Each case involves the controlling question of the power of the Commission to grant a reroute motor carri...
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This action was brought by appellant, George Cronk, to recover damages alleged to have been sustained by him as a result of the negligent operation of an automobile by an employee of appellee, J. G. Pegues Motor Company, which resulted in injuries to appellant. The suit arose out of an accident which occurred on July 29, 1941, off of the highway near Longview, Texas. Appellant, who was engaged in'...
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This suit was filed July 29, 1941, in district court of Angelina county by appellee, Lemmie C. Dove, against appellant, the National Life & Accident Insurance Company, for sick benefits on a health policy issued by appellant to appellee on July 4, 1938, at a premium rate of 50 cents per week. Appellee alleged that he became ill about March 1, 1940, or prior thereto, and as a result of this illness...
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This is an action in trespass to try title, by the statutory plea and by special pleas of five and ten years limitation, by appellant, R. M. Hatton, against appellees, Mrs. Nora Burgess et al., involving 60 acres of land out of the William Hatton survfey in Orange county. Appellees answered by disclaiming all of the land sued for except 35 acres, which they claimed by specific metes and bounds. Th...
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This is an appeal by plaintiff, Mrs. Addie Gaston, from an adverse judgment entered as a result of a non jury trial, wherein she sued Woodmen of the World Life Insurance Society on a certificate of insurance on the life of her deceased son, William P. Gaston. Mrs. Gaston will be referred to as plaintiff and the above-named insurance society as defendant. On March 12, 1938, William P. Gaston made w...
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This is a workman's compensation case. On the allegations of the petition of appellee, Jim Morton, he was the employee, appellant, Federal Underwriters Exchange, the compensation insurance carrier, and Nacogdoches County Lumber Company, Inc., the employer. The issues made by appellant by its answers are brought forward in its propositions. On the verdict of the jury, finding all controverted issue...
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(dissenting on rehearing). Upon further consideration I am of the opinion that the evidence is conclusive that the possession of Mrs. Goldberg is adverse within the meaning of the statute of limitations and therefore establishes her title of limitation under Articles 5507, 5508, Revised Civil Statutes. The evidence is without dispute that the property involved was originally community property and...
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Appellant, Humble Oil & Refining Company, is a corporation domiciled in Harris county, where it owns and operates a large oil refinery. As a part of its refinery equipment it owns and operates a short line of railroad extending into the refinery, but it is in no sense a railroad corporation, and the operation of the railroad is merely incidental to its corporate purposes, which in part are as foll...
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. This is an appeal by Charles W. Scaling alone, from an adverse judgment entered upon an instructed verdict in a cause in which Arnold Sutton and others sought permanent injunctive relief against Scaling and his lessee, restraining them from erecting a structure on a lot within an addition to the City of Fort Worth, Texas, which addition and all lots therein were alleged to be restricted to build...
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This is a compensation suit in which the appellee, J. S. Brock, is the employe, J. E. Hilditch, Inc., the employer, and the appellant, Commercial Standard Insurance Company the insurance carrier. The suit primarily involves Section 12d of Article 8306, Vernon’s Annotated Civil Statutes, relative to a change of condition of the claimant’s disability. The appellee resided in Seminole, Okla•homa. His...
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Appellees (three minors), by their mother as next friend, instituted this suit against appellant, Dallas Railway & Terminal Company, for damages alleged to have been occasioned by the wrongful death of their father, A. H. Archer, as the result of an electric shock received when he walked into an uninsulated wire which had been broken and blown from the defendant’s poles by a severe windstorm, fall...
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Zurich General Accident and Liability Insurance Company, Ltd., sought an injunction from the District Court against Judge Richard Dyess, Mildred Beaty, Clerk of the County Court of Shackelford County, and J. R. Craighead, restraining them from enforcing a judgment rendered in the County Court of Shackelford County by said Special County Judge in a case in which Craighead was plaintiff and said Ins...
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Jim H. Glass, as Tax Assessor and Collector of Harris County, filed this suit, in the nature of a bill of interpleader, both against Harris County (its Commissioners Court and County Auditor) and the Texas Highway Department (its State Highway Commissioners and Engineer) — the County, on the one hand, and the Highway Department, on the other, being the real parties at interest — to have determined...
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This statement by appellants as to the nature and result of the suit in the court below is conceded by the appellee to be substantially correct: “This is an appeal from an order of the District Court of Houston County, Texas, overruling the motion of the appellants (E. B. and Grace Collins, husband and wife), for a new trial in the above case. “Appellants sued appellee in the District Court of Hou...
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This suit was instituted by the Galveston, Harrisburg & San Antonio Railway Company and the Texas & New Orleans Railroad Company against Uvalde County, seeking to recover approximately $3,-500, which sum they had been compelled to pay out in satisfaction of a judgment against them in favor of J. T. Hall. Hall recovered from the railroads for damages sustained by him as the result of some of his ca...
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This workmen’s compensation case was before us on a former appeal. The opinion appears in Tex.Civ.App., 152 S.W.2d 387, writ refused for want of merit. An examination of our former opinion will disclose that we did not consider the plaintiff’s petition sufficient, in the light of the claim for compensation, and we reversed the judgment of the trial court and remanded the cause for a new trial. We ...
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Upon proper application filed by the appellant, he is herewith granted permission to withdraw his appeal....
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The appellant was assessed a penalty of ten years in the State Penitentiary upon his conviction for the offense of rape. He has filed proper application asking that the appeal be withdrawn, which is accordingly granted....
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Affirming in part and reversing in part. On February 14, 1942, a niece of appellant filed in the Pendleton circuit court a petition in which it was stated that appellant was a person of old age, physically unable to attend to her business affairs. Summons was executed by delivering a copy to "Anna Makemson and James Makemson," on February 17, directing parties to appear in the circuit court at 10 ...
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Affirming. This is an appeal from a judgment permanently enjoining the enforcement of executions which were issued under two judgments in favor of the appellant, Patrick Risner, against the appellee, Green Risner. The other appellant, E.K. Rose, sheriff, levied upon the property of Green Risner. Risner's judgments exceeded $800, plus several years' interest. He employed B.S. Wilson, an attorney, t...
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Reversing. W.L. Northcutt died testate, a resident of Harrison county, in 1897, leaving surviving him as his only heirs at law a married daughter, Mary L. Montgomery, and four sons, W.H. Northcutt, John K. Northcutt, W.L. Northcutt and J.F. Northcutt. His will was executed on February 8, 1892, five years before his death, with a codicil executed August 7, 1897, the year of his death, none of which...
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Reversing. On July 7, 1941, the police judge of the city of Russell in Greenup County, issued a warrant for the arrest and trial of the appellee, Sam Morris, who was trading and doing business under the trade name of Morris Beer Distributing Company, under proper state permits as a beer distributor, with his plant and place of business located in the city of Ashland, Boyd County, Kentucky. The war...
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Affirming. Appellees' version of the facts out of which this litigation arose is as follows: On December 10, 1926, the appellant, W.M. (William) Triplett, desiring to sell his farm containing approximately *Page 571 five hundred acres, conveyed the same to the appellee, John L. Triplett, for a recited consideration of $12,000 cash, of which only $6,000, and that some months later, was paid. The g...
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The question for decision is whether or not the circuit court of Washington County has jurisdiction to review on certiorari the assessments for taxation made by the State Board of Equalization on the real and personal properties of plaintiff in error located in Washington County. The circuit judge sustained defendants' plea in abatement to the jurisdiction of the court and dismissed the petition. ...
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delivered the opinion of the Court. This is an appeal by McKinley Haskins from a conviction for petit larceny. It is contended that the trial court erred in overruling defendant’s motion to quash the indictment upon the ground, among others, that the indictment did not conclude with the words, “against the peace and dignity of the State of Tennessee.” The indictment does conclude with the wor...
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The plaintiff in error was indicted in the Criminal Court of Wilson County upon the charge of "unlawfully, on Sunday, and other Sundays," etc., following his usual vocation by operating a certain beer parlor, where beer was sold, "to the manifest corruption of his own and the public morals, to the common nuisance of the people, against the peace and dignity of the State." A motion was made to quas...
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* This case reprinted and annotated in 144 A.L.R. 1116. The bill was brought by the Coach Company, a common carrier operating on a State highway thru and over the streets of defendant City, to enjoin the enforcement of an ordinance of the City to restrain, or restrict, the use by complainant of its streets for the loading and unloading of passengers. The insistence appears to be, (1) that because ...
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* This case reprinted and annotated in 144 A.L.R. 696. The plaintiff in error has appealed from the judgment of the Circuit Court of Davidson County sustaining a distress warrant issued by George F. McCanless, State Commissioner of Finance and Taxation, to collect $601.17 inheritance tax, due and unpaid. The warrant was issued pursuant to Chapter 200, Public Acts of 1937, and was levied upon certa...
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This is a case arising under the Workmen's Compensation Law, Code 1932, section 6851 et seq., and the only question for determination is whether or not under Section 11762 of the Code a man who has been convicted of receiving stolen goods, but who has not been declared infamous as a part of the judgment of the court, the minutes not reciting infamy as a part of the judgment, is disqualified after ...
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The question for our consideration and determination involves the construction of the will of Herman Rhodes, *Page 482 deceased. The said Herman Rhodes was a successful business man in Memphis, and about five years before his death he executed a will in which he divided his property amongst his widow, heirs, and next of kin. His widow, Mary B. Rhodes, was named as executrix of the will. After mak...
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John Joseph Turcott died intestate in Shelby County, February 3, 1942. The defendant is his widow, who was duly appointed and qualified as administratrix of his estate. John Joseph Turcott and the defendant were married in Tipton County November 17, 1935, and lived as man and wife until his death. Complainants are sisters and collateral heirs of John Turcott, who challenge the validity of this mar...
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These two suits involve the liability of Rice Brothers Auto Company for injuries sustained by plaintiffs Thomas S. Ely and wife Lucy Ely when struck by an automobile owned by Rice Brothers Auto Company and driven by William B. Faircloth. At the conclusion of plaintiffs' proof in chief the trial judge directed a verdict in favor of defendant Rice Brothers Auto Company and the case is here for a rev...
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This is a disbarment proceeding instituted by the Grievance Committee of the Chattanooga *Page 33 Bar Association against the defendants Crawford Bean and Joe S. Bean, members of the Chattanooga Bar engaged in the practice of law as partners under the firm name and style of Bean Bean. In the petition the defendants are charged with the violation of the ethics of the profession of the practice of...
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The appellant was convicted of manslaughter by culpable negligence in driving an automobile which collided with another driven by Samuel H. Roberts, on State Highway No. 11 about 13 miles west of Kirksville, on June 11, 1941, about 5:30 P.M. The punishment assessed by the jury was six months imprisonment in the county jail. Both cars were badly damaged and Roberts died in a hospital in Kirksville ...
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This is an appeal from the action of the circuit court in setting aside a judgment. The controversy herein grows out of a judgment of divorce granted to Elizabeth Goth, the appellant herein, and wherein John Goth, the respondent herein and defendant in the divorce proceedings, is the respondent. The decree of divorce involved was granted September 14, 1925, in the Circuit Court of Henry County, Mi...
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The foregoing opinion of BOYER, C., is adopted as the opinion of the court. The judgment is affirmed. All concur. *Page 290 ...
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This is an action for money had and received. A trial was had in the Circuit Court of Schuyler County, resulting in a verdict and judgment for respondents (defendants), and plaintiff has appealed to this court. We are immediately confronted with a motion to dismiss the appeal because (1) appellant's statement of the case does not comply with our rules; (2) the abstract fails to show the record ent...
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This is a suit on a fire insurance policy issued to Michael and Mildred Petrovic, plaintiffs herein, by Standard Fire Insurance Company of Hartford, Connecticut, a corporation, and defendant herein. No question of the issuance of the policy, of the fact of the loss by fire, nor as to the policy being in full force and effect at the time of loss are involved, and no question of notice or proof of l...
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This is an action whereby plaintiff, American Surety Company of New York, seeks to recover of defendant, Normandy State Bank, by way of subrogation, a portion of the amount it paid to satisfy a judgment, which defendant in its representative capacity as deputy commissioner of finance in charge of the affairs of the State Bank of Anglum had obtained against plaintiff. There was a judgment for defen...
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This is a proceeding by writ of error sued out in this court to review the final judgment rendered by the Circuit Court of Pike County in an action brought by John C. Wisdom, as plaintiff, against E.A. Keithley, James Walter Lewis, and Walter McPherson, Henry Houchens, and Holland Moore, doing business as Scotland County Sales Company, as defendants. The plaintiff below is the plaintiff in error, ...
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The petition in the above-entitled cause was filed in the office of the Clerk of the Circuit Court of Jasper County, at Joplin on May 9, 1941. Summons was duly issued returnable to the September Term, 1941, of said court. This cause was entitled Howard L. Spicer, Delphine Spicer and Florence Denny, plaintiffs, v. New York Life Insurance Company, a corporation, Mississippi Valley Trust Company, a c...
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This is an action to modify a divorce decree rendered in Barry County, March 25, 1936, with respect to the care and custody of minor children and property settlement made with the wife and approved by the court. Judgment for plaintiff (respondent) and defendant appeals. The respondent, Carl W. Poor, filed suit for divorce against Ruth Poor in the Barry County Circuit Court, returnable to the March...
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In an opinion handed down February 16, 1942, a decree of Pulaski chancery court directing the state treasurer to pay appellee $53,528.90 was reversed except as to $1,328.90. Appellee's brief in support of its petition for rehearing, while still contending that it should be paid $53,200 in addition to the item of $1,328.90, emphasized what was termed this court's failure to give proper consideratio...
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The plaintiff, Dover Mercantile Company, is a corporation. S. M. Myers is the wife of D. E. Myers. The corporation sued in circuit court to quiet and confirm its title to 160 acres and two lots purchased at an execution sale, allegation being that the defendants claimed some interest in the property —an interest “not founded upon law.” The answer of S. M. Myers denied that the corporation had t...
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Plaintiffs below sought to cancel two oil and gas leases on lands owned by them. Producing oil wells had been completed on lands immediately adjoining plaintiff's lands and were producing in large volume. The defendant, Lion Oil Company, holds the leases on plaintiffs' lands, and has refused to drill on them and has announced that it has no intention of ever drilling unless further exploration in ...
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The question involved in this appeal is the validity of a written contract between appellant, Gregory, and appellees, L. T. and L. N. Gray, doing business as the Eagle Transportation Company. That was the only question decided by the trial court and is the only question now decided by this court. *Page 69 The Grays, in the name of Eagle Transportation Company, operated a bus line over highway 167...
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Appellants, Smyrna Baptist Church, by its trustees, and the Johnsville Lumber Company, a partnership composed of C. L. Ripley and Rufus Brown, sued appellee in the Bradley chancery court to recover damages growing out of an attachment proceeding. They alleged in their complaint and amendment thereto, among other things, that the church had owned since 1859 a tract of land in Bradley county describ...
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Appellants were convicted of the crime of arson and have appealed. The barn of Mrs. Mary Massey was destroyed by fire about two-thirty, Sunday morning, April 19, 1942. The next day tracks were found leading from the highway to the barn lot and then back to the highway. Jason Nolan's shoes were fitted into these tracks, and he admitted that the shoes were his and that he wore them the night of the ...
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Petitioner, Mrs. Ida Rosenbaum, joined pro forma by her husband, F. W. Rosen-baum, brought this suit to rescind a contract theretofore entered into by and between her and the respondents on the ground that same was induced by fraud and also to cancel a note executed by her and her husband. The contract was for the sale by the respondents to Mrs. Rosenbaum of certain stocks and bonds of the respond...
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Petitioner, Juan Carrizales, sued respondent, Woodmen of the World Life Insurance Society, a fraternal benefit society, on a life insurance policy. A trial court judgment for petitioner was reversed and rendered by the Court of Civil Appeals at San Antonio. 159 S.W.2d 536. Angel Puentes, the insured, was sixteen years old when he signed the policy application. Less than seven months thereafter he ...
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delivered the opinion of the Commission of Appeals, Section A. Petitioner, Juan Carrizales, sued respondent, Woodmen of the World Life Insurance Society, a fraternal benefit society, *261on a life insurance policy. A trial court judgment for petitioner was reversed and rendered by the Court of Civil Appeals at San Antonio. 159 S. W. (2d) 536. Angel Puentes, the insured, was sixteen years old when ...
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Petitioner, Bob’s Candy & Pecan Company, of Albany, Georgia, purchased through W. T. Mayne & Co., brokers, of Austin, Texas, a carload of pecans from respondents, J. P. McConnell & Sons, of San Saba, Texas. The pecans were loaded at San Saba on January 10, 1936. The next day the McConnells drew a draft for $1,800.36, the sales price of the pecans, and attached to it the weight certificate and a sh...
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The unlawful possession of beer for the purpose of sale in a dry area is the offense; the punishment, a fine of $100.00. Peace officers, upon searching appellant’s residence, found therein a sufficient quantity of beer and under such circum- . stances as would warrant the conclusion that same was possessed for the purpose of sale. Appellant and his wife were present and at home at the time of the ...
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The appeal is from a fine of $150 on a charge of driving an automobile on a public highway while intoxicated. The record is before us without bills of exception. The procedure is regular and the judgment of the trial court is affirmed....
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Conviction is for keeping a bawdy house, punishment being a fine of $200.00 and twenty days in jail. Officers testified that on January 10, 1942, they went to the Windham Hotel, which is on the second and third floors of a building on Fannin Street in the City of Houston, where they found appellant and a number of girls — whom it is not necessary here to name — and also a number of men, some of wh...
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. Appellant was convicted of theft by bailee of one head of cattle, and his punishment was assessed at two years confinement in the penitentiary. The record is before this court without statement of facts or bills of exceptions. In the absence of the evidence adduced upon the trial, this court is unable to appraise the matters presented in the motion for new trial. No error having been found in th...
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Under his plea of guilty for the unlawful sale of whisky, in a dry area, appellant was assessed a fine of $100. The record before us is without statement of facts or bills of exception. Nothing is presented for review. The judgment is affirmed. PER. CURIAM. The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court....
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The appeal is from a plea of guilty to a violation of the liquor laws with a penalty of fifteen days in jail. The record is before us without bills of exception or statement of facts. The procedure is regular and the judgment of the trial court is affirmed....
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Hog theft is the offense; the punishment, two years’ confinement in the penitentiary. This record reflects two reasons why the appeal of this case cannot be entertained; these are: (a) There is no notice of appeal entered of record in the minutes of the trial court as required by Art. 827, C. C. P., Gilson v. State, 154 S. W. (2d) 839, 142 Tex. Cr. R. 422, and authorities collated under Note 4 of ...
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Appellant was convicted of selling, whisky on Sunday, and by the jury assessed a penalty of thirty days in jail. There are no bills of exceptions in the record. It is shown by the facts offered by the State that an agent of the Liquor Control Board purchased two bottles of whisky from appellant at the Grand Hotel in Wichita Falls on November 16, 1941, same being Sunday, and paid therefor the sum o...
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This purports to be an appeal from a conviction for unlawfully selling whisky in a dry area, with a fine of $130.00 affixed as the punishment. The record before us fails to reflect a final judgment in the case, in the absence of which this court is without jurisdiction to entertain the appeal. Hellman v. State, 87 Tex. Cr. R. 460, 222 S. W. 980; Ellis v. State, 145 S. W. (2d) 176, 140 Tex. Cr. R. ...
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This purports to be an appeal from a conviction for unlawfully selling whisky in a dry area, with a fine of $200.00 aifixed as the punishment. For the same reason assigned in Cause No. 22,233, Lorenza Davis v. State, this day decided, (Page 188 of this volume) the appeal is dismissed. The foregoing opinion of the Commission of Appeals has been considered by the Judges of the Court of Criminal Appe...
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Conviction is for selling intoxicating liquor in a dry area, punishment assessed being a fine of $150.00. No judgment appears in the transcript. Without a judgment of conviction no appeal will lie. See authorities cited in Note 5, Art. 813, Vernon’s Tex. C. C. P., Vol. 3. The appeal is dismissed. ON MOTION TO REINSTATE APPEAL. At a former day of this term of court we dismissed the appeal by reason...
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Conviction is for selling intoxicating liquor in a dry area, punishment assessed being a fine of $125.00. No judgment appears in the transcript. Without a judgment of conviction no appeal will lie. See authorities cited in Note 5, Art. 813, Vernon’s Tex. C. C. P., Vol. 3. The appeal is dismissed. ON MOTION TO REINSTATE APPEAL. This cause having been heretofore dismissed on account of there being n...
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The offense is unlawfully carrying a pistol. The punishment assessed is confinement in the county jail for a term of one year. Appellant’s first complaint is that the evidence does not justify and sustain his conviction. In order that this opinion may reflect the basis of our conclusion, we deem it proper to briefly state the evidence adduced by the State. On the night of September 3, 1942, while ...
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Appellant was convicted by a jury of procuring a female person to be at a place for the purpose of sexual intercourse with male persons, and was assessed a penalty of a fine of $50.00 and to serve thirty days in jail. From this judgment he appeals. It is shown by the proof that appellant picked up a woman in Abilene and took her out to a tourist camp, where he rented a cabin for her, with the unde...
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It is charged by complaint and information herein that appellant did allure, procure, invite and solicit a female to visit and be at a particular house, room or place in Abilene, Taylor .County, Texas, for the purpose of meeting and having unlawful sexual intercourse with a male person, the punishment being a fine of $50.00 and a jail sentence of thirty days. This complaint and information is in t...
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The offense is murder. The punishment assessed is confinement in the State penitentiary for a term of two years. It is charged in the indictment that on or about the 21st day of December, 1940, “and anterior to the presentment of this Indictment, in the County and State aforesaid, W. P. Thurmon, Jr., did then and there unlawfully while intoxicated and while under the influence of intoxicating liqu...
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Conviction is for' burglary, punishment two years in the penitentiary. :There is in the record a question and answer 107 page stenographic report of the evidence taken on the trial, which israpproved by. counsel, for • the. State and appellant. and: .also:. *295by the trial judge. It is singular why such documents continue to reach this court as statements of facts in the face of the repeated anno...
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Appellant was charged by indictment with the unlawful killing of one J. J. Jones, and upon conviction he was given by the jury a penalty of five years in the State penitentiary for murder without malice. There is no statement of facts in the record, and we are somewhat at a disadvantage in appraising .many of appellant’s presented propositions herein. There is filed a brief, however, that presents...
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D. L. Snodgrass, Trustee of the Estate in Bankruptcy of II. A. Robertson, instituted this suit in trespass to try title against said *536H. A. Robertson and wife, Lillie Robertson, and his brother, R. C. Robertson, to recover a ⅛ interest in 532 acres of land described in plaintiff’s petition. The defendants answered by general demurrer and plea of not guilty and alleged that a certain deed of tru...
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Mrs. Addie Jasper, as plaintiff, brought suit against G. C. Morton and Lee Mitchell, copartners doing business under the trade name of Morton Potato Chip Company, for damages growing out of personal injuries; alleging same to have been sustained as the result of a collision between a truck of appellants’, operated by their employe, R. C. Tennison, and Mrs. Jasper, while she was crossing Collett St...
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J. E. Jackson (a grocery merchant) had an account amounting to $150.97 against James Baker and Phil Baker, who with two other brothers were partners, operating *544under the name of Baker Brothers Sign Company. J. V. Hampton (a contractor) owed Baker Brothers Sign Company more than $150.97 for painting, such work having been performed presumably under contract of some kind in Justice Precinct No. ...
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This is a compensation suit. Sam E. Gunter is the employee, Maryland Casualty Company is the insurer, and the Texas Company is the employer. Gunter, as plaintiff, filed suit against the Casualty Company, as defendant, for total and permanent disability as. a result of injuries claimed to have been sustained on or about May 25, 1941, when a “Christmas Tree” (a 1,400-pound piece of metallic oilfield...
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(dissenting). In compliance with Rule 463, I state the grounds of my dissent. On the record, as I view it, the City of Port Arthur is not liable. The only ground of negligence which could serve as a basis of recovery, and which the evidence tended to establish, was the existence of a small ridge in the pavement two or three inches high and eight or ten inches wide, extending across Procter Street ...
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This litigation arose as follows: Art. V of House Bill No. 8, Acts 1941, c. 184, Vernon’s Ann.Civ.St. art. 7060, amended Art. 7060 of the Revised Statutes in two particulars: (1) Increased the rate of tax theretofore levied upon the gross receipts of utilities companies from cities of more than 2,500 population; and (2) for the first time levied a tax upon the gross receipts of such companies from...
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H. E. Aldrich, doing business as The Tax Record Company, sued Dallas County to recover the reasonable value of services rendered at the request of defendant County, acting through its County Judge and Commissioners’ Court, as hereinafter set out in detail. Plaintiff having declined to amend after the court sustained special exceptions to his petition, his suit was dismissed, from which this appeal...
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This is an appeal from an order of the district court of Galveston County, Texas, sustaining the appellee’s special exception to appellant’s second amended original petition. Upon appellant’s refusal to amend his pleadings, his cause of action was dismissed. He has appealed from that action of the trial court. Appellant, D. S. Tramonte, brought this action in the trial court for the recovery of ce...
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A. H. Wilcox’s minor son, George Wilcox, while driving A. H. Wilcox’s automobile, collided with C. A. McDonald’s automobile, at the time being driven by the latter’s daughter, Joanna. To recover damages resulting from injuries to the McDonald car, C. A. McDonald brought this suit in Justice Court against said A. H. Wilcox. Upon the trial in County Court, upon appeal from Justice Court, judgment up...
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J. E. and Clyde Stone, composing the partnership of J. E. Stone Lumber Company, furnished lumber to J. B. Karnes and Sons, contractors, for the construction of a church building by Karnes and Sons for the Church of Christ. A bond guaranteeing to the church the performance of the building contract by Karnes and Sons was executed by Commercial Standard Insurance Company, as surety for the contractor...
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H. J. Thomas brought this suit against Phillips Petroleum Company to recover damages for injuries sustained by his wife, resulting from a collision between a gasoline tank truck, owned by defendant and operated by one of its employees, and a Chrysler automobile owned, and being driven, by W. S. Capps, in which plaintiff’s wife was riding. *572In a trial by jury, the jury found three alleged ground...
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The matters here involved have been the subject of two previous appeals, Bevill v. Rosenfield, Tex.Civ.App., 113 S.W.2d 340; Rosenfield v. Bevill, Tex.Civ.App., 143 S.W.2d 414; and the material facts of those cases are referred to for brevity. The effect of prior litigation was-to declare void the appointment by the Probate Court of Max R. Rosenfield as attorney for Frank Bevill, an admittedly mis...
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This case arose under the Texas Workmen’s Compensation Act, Vernon’s Ann. Civ.St. art. 8306 et seq. Upon favorable answers of the jury, appellee recovered judgment as for total permanent incapacity, payable in a lump sum. The principal contested issue was whether the incapacity complained of was the result of an accidental injury sustained on February 9, 1940, or of osteo-arthritis which developed...
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Appellee, Prudential Fire Insurance Company, an Oklahoma fire insurance corporation with a permit to do business in Texas, sued appellants, the Board of Insurance Commissioners, the Attorney General, and the State Treasurer, to recover $3,048.-15 paid by appellee’under protest as a part of its occupation tax for the year involved; and recovered judgment as prayed; hence this appeal. The question p...
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Suit by Agey in his own behalf and on behalf of the State against American (American Liberty Pipe Line Company) as a common purchaser of crude oil under Sec. 8, Art. 6049a, Vernon’s Ann.Civ. St. to recover penalties under Sec. 11 of said Article for alleged discrimination against Agey in refusing to purchase oil produced by him in the East Texas Oil Field. American plead in abatement urging that A...
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Joe H. Ogden filed this suit in Stephens County against Rudco Oil and Gas' Company, a corporation, and I. Rudman, residents of Smith County, and Norman Rud-man, a resident of Stephens County. In his original petition plaintiff alleged defendants were attempting to purchase certain property in Brown County from Humble Oil and Refining Company; that plaintiff advised defendants he had information as...
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Mortgage Registration Tax Law case, Art. 7047e note, Vernon’s Ann.Civ.St., Sec. 9, Art. IV of H.B.No.8, Ch. 495, p. 2080, Gen.Laws, 3d Called Sess. 44th Leg. 1936, amended in 1939 by S.B. 24, c. 5, p. 630, Gen.Laws, Reg.Sess. 46th Leg., amended in 1941 by S.B. 97, Ch. 16, p. 27, Gen. Laws, 47th Leg.; and repealed in 1941 by H.B. 514, Ch. 449, p. 723, Gen.Laws 47th Leg. The suit which arose under t...
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On Motion for Rehearing. The judgment sought to be set aside and annulled in these proceedings was entered *599in the court below, in favor of Eugene S. Hursey. Helen Hursey, mother of the adopted child, appeared in such adoption proceedings only in giving her consent for the judgment to be entered; otherwise, she was not a party to the suit, tier parental care, custody and control of the minor ch...
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This is a suit to recover damages on account of personal injuries sustained by Mrs. Schroeder and her son, and for damages resulting from the death of Carl Schroeder, the husband and father, respectively, of Mrs. Schroeder and her son, which resulted from an automobile collision between plaintiffs’ car and defendants’ truck in Fort Bend County, in September, 1940. Upon the answers of the jury to s...
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W. A. Langley instituted this suit in' trespass to try title against John Norris, the defendant, who answered not guilty and filed a cross action impleading L. S. Mitchell and wife, Gladys Mitchell, Frank A. Baggett and his wife, Ellen Baggett, who had "conveyed the land in question to Langley on April 6, 1940. Norris alleged that prior to that conveyance he had contracted in writing on September ...
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The above styled and numbered cause was heretofore consolidated with cause number 2315, styled W. A. Langley, Appellant v. John Norris, Appellee, 167 S.W.2d 603, and submitted at the same time as the latter with the understanding and agreement that in the event the Norris case, 2315, was affirmed by the appellate court, no recovery would be sought by Mitchell et al. against W. A. Langley in the in...
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This suit was filed by the appellees, L. B. Godwin, F. P. Works, and James W. Bassett, attorneys at law, the latter two being partners practising under the firm name of Works & Bassett, against the appellants, Fred Burgin and his wife, Ada Burgin. The purpose of the suit was to recover and have partitioned to them a one-fourth interest in 427.9 acres of land together with a like proportion of $1,2...
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J. M. Roberts, A. L. Hood, G. W. Miller, J. C. Nash, J. C. Brannen and J. H. Lip-pard, contestants, instituted this action in the District Court of Lamb County against Homer Hall, the Mayor, Beeman Phillips and J. E. Faust, Commissioners of the City of Littlefield, Texas, the contestees, to litigate the validity of a revenue bond election held in the city on October 14, 1941, to determine whether ...
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Appellant instituted this suit against ap-pellees for damages resulting from alleged fraudulent representation of title to real estate. The history of the transaction is reflected in the appeal of Compton v. Trico Oil Co. et al., Tex.Civ.App., 120 S.W.2d 534, which is referred to and adopted where not related on this appeal. Appellant alleges and the proof shows in effect, that on September 27, 19...
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This is a suit in trespass to try title brought by Hannibal King and wife, Luella King, H. A. Leaverton, T. J. Kil-lough, and C. P. Tucker, against appellees, Charles C. Hill and Mrs. T. A. Mobley, both individually and as executors of the estate of G. W. Mobley, deceased, for the title to and possession of 44⅛ acres of land out of the C. C. Marsh Survey in Houston County, Texas, and for damages. ...
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delivered the opinion of the Court. W. Edward Lee filed this suit in form of trespass to try title, including pleas of five and ten years statutes of limitation, against The Texas Company and others, for title to and possession of a seven-eighths leasehold interest in and to a 1.86 acre tract of land, alleged to be located in the John Blair Survey in Gregg County. The case was tried before the cou...
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This is a suit to recover attorney’s fees on account of services which were rendered from time to time, beginning in 1935 and ending shortly before suit was filed, which was on May 30, 1940. Defendants relied principally upon the two year statute of limitation. Vernon’s Ann.Civ.St. art. 5526. In response to special issues the jury found that the value of the services for which plaintiff sued defen...
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The appellant was convicted of the crime of assault with intent to kill and was sentenced to serve two years in the state penitentiary. The assault was by cutting with a knife. The only error complained of was the refusal of the trial court to give an instruction which was requested by the defendant. The defendant contended that the assault was committed in necessary self-defense. At the close of ...
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On information, appellant was charged with the crime of arson. It was alleged that he did "feloniously *Page 83 aid, abet, assist and advise and encourage the burning of a 1935 . . . Pontiac automobile . . . the property of Morris Henson, Bert Casteel (appellant) and Porter Wilson Finance Company"; that Rellis Garrett, (an accomplice), did the actual burning, and that the automobile was worth mo...
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The question is, Did the court err in sustaining corporation commission's finding that L. N. Gray1 should be granted a certificate of convenience and necessity authorizing him to operate a bus line between Fordyce and Little Rock?2 Gray's petition was filed April 18, 1940. He at that time was authorized to operate between El Dorado and *Page 63 Fordyce over highway 167. Highway seven (between El ...
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Partition. Ralph Davidson instituted the action against Mary Belle Davidson and others on the theory he and the defendants, except said Mrs. Davidson, held all the right, title and interest in and to certain real estate as or through collateral heirs *Page 642 of one Andrew C. Davidson. Mrs. Davidson disputed said allegations of ownership, asserted a fee simple title in herself, and denied the ri...
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This action is one in habeas corpus wherein Dolores C. Thelen is petitioner, asking that her minor son, alleged as being unlawfully held by Elmer Ekberg and Evelyn Marie Ekberg, be returned to her custody. There are incidents touching the controversy herein from which we conclude that, to a more clear understanding of the issues, they will be better understood by a brief comment on the nature and ...
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This is an action for damages for personal injuries. Plaintiff recovered a verdict and judgment in the sum of $1000, and defendants have appealed. The action grew out of a collision, occurring on the 29th day of March, 1941, between a taxicab, in which plaintiff was a passenger, and an automobile. The collision took place at the intersection of North Eighth Street and Park Avenue, public streets, ...
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This is an appeal from a judgment of the Circuit Court of Osage County, which judgment made permanent in part a temporary injunction previously issued. The appellant (plaintiff) sought to enjoin the respondent (defendant) from removing fire clay already mined and also from mining fire clay from a certain clay pit. The trial court dissolved the injunction as to that part of the clay pit not covered...
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This is an action on an insurance policy, issued by defendant, insuring plaintiff's 1940 automobile against damage, due to collision. It appears that plaintiff's said automobile was injured in a collision with another car at a time when plaintiff's car was being driven by her daughter, who, at the time, was a minor, to-wit: about sixteen years of age, and driving without a license. There is but on...
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This is an action for damages for personal injuries resulting from an automobile collision. Anna I. Moore was plaintiff below and L.E. Bowman and John W. Dunfee were co-defendants. The cause was tried to a jury in Bates County, resulting in a verdict and judgment for plaintiff and against both defendants in the sum of $2000. Defendant Dunfee did not file a motion for new trial. Defendant Bowman fi...
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The bill herein was filed on May BO1,1936, by the receiver of the First National Bank of Chatta*708nooga against Harry W. Durand, Jr., as administrator of the estate of Mary IT. Reynolds, deceased, to recover the sum of $2,000’ representing an assessment made upon stock owned by the said Mary H. Reynolds at the time of her death. Mrs. Reynolds died testate in Boise City, Idaho, in July, 1933. At t...
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Tbe Town of Newport lias appealed from a decree in tbe amount of $1,300 allowed tbe firm of Par-rott and Ray, practicing attorneys of Newport, for representing it in a suit to collect delinquent taxes. By tbe assignments it is insisted that tbe appointment of Parrott and Ray as attorneys for tbe town was invalid, as adjudicated in another proceeding in wbicb said attorneys were petitioners, and...
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This is an action in trover instituted by J.K. Hankins against W.C. Waddell and D.C. Gass to recover the value of a sawmill and engine alleged to have been unlawfully converted to their own use by defendants. The Chancellor dismissed the bill being of opinion defendants' plea of the statute of limitations of three years based upon Code, Section 8598, should be sustained. Complainant has appealed a...
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Opinion of the Court by Reversing. In this law suit the title to about 20 acres of land is in dispute. Reed Davis and Tom Johnson own adjoining tracts of land in Livingston county, and Davis brought this action to establish the boundary line between the tract owned by him and the tract owned by Johnson, and to quiet his title. In his answer Johnson asked that his title be quieted. ...
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Reversing. C.J. Taylor, Jr., a school child 15 years of age, suing by his next friend, C.J. Taylor, Sr., brought an action against the Knox County Board of Education to recover damages for personal injuries allegedly caused by the negligence of the driver of a school bus owned and operated by the defendant. In an amended petition it was alleged that the defendant carried liability insurance with t...
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Affirming. These appeals are prosecuted by William Elliott from a judgment of the Whitley Circuit Court denying him a writ of coram nobis, and from a judgment of the Lyon Circuit Court refusing to grant him a writ of habeas corpus. By agreement the two appeals were heard together and both will be disposed of in this opinion. Appellant and petitioner below, Elliott, was convicted *Page 616 of murd...
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Reversing. Estill County acting through its County Attorney, Hon. John W. Walker, brought this action to enjoin the fiscal court, the county court clerk and the county treasurer from issuing and paying a county voucher for $1,400 to the State Board of Health of Kentucky to maintain a health department in the county for the current fiscal year. By way of answer and cross-petition the fiscal court d...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 599 Affirming. The primary question involved in this litigation is whether the City of Cincinnati is liable to the Commonwealth *Page 600 of Kentucky for income taxes on the rent which it receives from its co-appellant Railway Company for the latter's use of...
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delivered the opinion of the Court. The principal question involved here is whether a certificate of a share in the Houston Pilots, a voluntary unincorporated association, may be pledged or mortgaged to secure a debt, and whether it may be the subject of a chattel mortgage so that the instrument, when recorded, constitutes constructive notice to a subsequent pledgee. A bill of interpleader was fil...
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delivered the opinion of the Court. This suit was filed in the district court of Leon County, Texas, by Jack Ellison, Lissie Snow, formerly Lissie Ellison, joined by her husband, Ed Snow, Beulah Ellison, a person non compos mentis, who sues by and through her next friend and *355brother, Jack Ellison, Fred Ellison and W. N. Ellison against Burlington-Rock Island Railroad Company, to recover damage...
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delivered the opinion of the Court. In the above cause G. 0. Reaugh et al, petitioners, have filed in this Court a motion to retax the costs. The facts are these: The petitioners, G. 0. Reaugh et al, recovered a judgment, including the costs in the trial court, against the respondents, McCollum Exploration Company et al. McCollum Exploration Company et al, appealed to the Court of Civil Appeals. T...
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delivered the opinion of the Court. This suit was brought by the State of Texas, against Miller Management Company, Inc., a Tennessee corporation, for the recovery of penalties for the alleged transaction of intrastate business in Texas without a permit. The verdict of the jury was favorable to the plaintiff, and judgment was entered in its behalf in the sum of $10,000.00. Upon appeal to the Court...
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delivered the opinion of the Court. This is a personal injury suit. It was filed in the District Court of Brazos County, Texas, by Miss Velma' J. Erisman against Guy A Thompson, in his official capacity as Trustee for International-Great Northern Railroad Company. Trial in the district court, with the aid of a jury, resulted in a verdict and judgment for Miss Erisman in the sum of $12,000.00. This...
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delivered the opinion of the Court. Hubert Herren instituted this suit against L. R. Hollingsworth for damages resulting from the alleged failure of Hollingsworth to comply with the terms of a written agreement concerning a contract entered into by Hollingsworth and the Texon Drilling Company to drill an oil or gas well on land owned by Hollingsworth. The trial court sustained certain exceptions o...
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The controlling question in this case is whether or not respondent was authorized to cancel policies of insurance issued to petitioner and his wife on account of their failure to pay premiums thereon within the grace period. In the trial court petitioner Robert Jesse Anderson recovered judgment against respondent National Aid Life Association for $1,514.40 for the alleged wrongful cancellation by ...
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This case involves a controversy between Mrs. Lillie Bowles and Mrs. Corinne S. Fickas. The latter, by cross-action, seeks a recovery of damages for an alleged breach of contract of sale: The particular subject of the dispute is whether the alleged contract of sale ever came into existence. Upon a trial of the case, a judgment for Mrs. Bowles resulted. Mrs. Fickas appealed and the Court of Civil A...
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delivered the opinion of the Commission of Appeals, Section A. This case involves a controversy between Mrs. Lillie Bowles and Mrs. Corinne S. Fickas. The latter, by cross action, seeks a recovery of damages for an alleged breach of contract of sale. The particular subject of the dispute is whether the alleged contract of sale ever came into existence. Upon a trial of the case, a judgment for Mrs....
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Appellant was convicted for a violation of the liquor laws and assessed 'a penalty of fifteen days in jail. The statement of facts before us shows that appellant was arrested by an officer on the streets of Abilene on the night of April 4, 1942, at which time he had on his person eight pints of whisky. This is sufficient to raise a presumption that he had it in his possession for the purpose of sa...
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Conviction is for swindling by giving a worthless check, punishment assessed was two years in the penitentiary. Prosecution was under the Act of the 46th Leg. 1939, R. S., page 246, which is found in the Pocket Part of Vernon’s Tex. P. C., Vol. 1, designated therein as Art. 567b. The indictment alleged that appellant, in Houston County, with intent to defraud gave to Dick Murchison a check for $84...
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Conviction is for murder. This is the second appeal of this case, the defendant having been given ninety-nine years on his first trial which judgment and verdict was reversed because of an error in the court’s charge. The facts as set out in the court’s opinion reported in 157 S. W. (2d) 388 clearly present a brief resume of the facts proven at the second trial. As stated in our former opinion “Th...
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The offense is failing to stop and render assistance to a person struck with an automobile upon a public highway. The *346punishment assessed is confinement in the State penitentiary for a period of two years. The record reflects the following facts: On the night of August 24, 1941, appellant, while driving an automobile along and upon U. S. Highway No. 82 in the town of Reno, Lamar County, Texas,...
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The appeal is from a sentence of five years in the penitentiary on a charge of rape. The evidence shows that appellant, who was reared and attended school in the City of Houston, had returned to his home about a month previous to the commission of the offense charged after he had been discharged from a third term in thef penitentiary in Oklahoma. He was twenty-eight years of.age and married. Late ...
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Appellant was charged with the murder with malice of V. L. Morris, and upon a conviction he was awarded a penalty of confinement in the State prison for his lifetime. The facts are reasonably clear and show from the State’s standpoint that in the early part of the night of September 15, 1941, Mr. and Mrs. Morris as well as several others were at the intersection of two streets in the City of Dalla...
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Appellant was convicted of aggravated assault upon Luther Hill by inflicting upon the said Hill serious bodily injury. Punishment was assessed at 120 days’ confinement in the county jail. The record is before us without a statement of facts or bills of exception, in which condition nothing is presented for review. The judgment is affirmed....
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Appellant was given a two years term, sentence in the penitentiary upon his plea of guilty before the court without a jury and from it he brings this appeal. There are no bills of exception in the record. The facts were introduced sufficient to support the conviction and the appeal is predicated solely upon a claim that the accused was induced to plead guilty upon a promise that his sentence would...
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The appeal is before us without bills of exception and without statement of facts. The procedure is regular. We find nothing for our consideration. The judgment of the trial court is affirmed....
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Appellant was convicted of the crime of arson, and sentenced to a term of two years in the penitentiary. There are no bills of exception in the record. The facts show the following: Appellant’s wife was the owner of a 40 acre tract of land, evidently in a proven oil field. She had obtained the same in a division of a larger 160 acre tract, which larger tract had been previously leased to the Sun O...
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Appellant was convicted of a violation of the local option liquor law, and fined the sum of $1,000.00, hence this appeal. There are no bills of exceptions in the record. The facts show that a deputy sheriff of Smith County had received information that a pickup truck loaded with beer was coming in towards Tyler on a certain road, and he had driven *272out on such road. While assisting some persons...
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Appellant was convicted upon his plea of guilty before a jury, and was sentenced to a term of eighteen months in the State penitentiary. He was charged by indictment with striking L. 0. Breed-love with an automobile, and failing to stop and render aid to the person struck. The charging portion of the indictment reads as follows: “Roe Morgan was then and there the driver of and in control of an aut...
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The offense is theft of a sheep. The punishment assessed is confinement in the State penitentiary for a term of two years. There are no bills of exception in the record complaining of the introduction of any evidence or relating to any objections to the court’s charge. However, appellant challenges the sufficiency of the evidence to sustain his conviction. The record discloses that on Saturday, Ma...
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The conviction is for the offense of robbery. The punishment assessed is confinement in the State penitentiary for a term of five years. The record shows that on the night in question the prosecuting witness, for the first time, met appellant and a young lady who was with him at Tony’s Place on McKinney Avenue in the City of Houston, where appellant introduced himself by some name other than Wilsh...
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Appellants were jointly indicted and jointly tried upon a charge of robbery. Each was convicted and punishment assessed against each of seven years in the penitentiary. All gave notice of appeal. Marlin Holton filed his personal affidavit advising that he did not desire to further prosecute his appeal and the appeal was dismissed as to him on November 4, 1942. John Benard on the 13th day of Januar...
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Appellant was convicted of the possession of whisky for the purpose of sale in a dry area, and was by the jury fined the sum of $100.00. There are 28 bills of exceptions in the record, many of which are without merit, and which we will not discuss. The first bill of exception relates to the trial court’s refusal to place the witnesses under the rule, as requested by appellant. This bill was qualif...
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Aggravated assault is the offense; the - punishment, confinement in the county jail for 120 days. The record before us is without statement of facts or bills of exception. Nothing is presented for review. The judgment is affirmed. PER CURIAM. The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court....
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Appellant was convicted on a charge of assault to murder and sentenced to two years in the penitentiary. The record is before us with only one bill of exception. This complains of the action of the court in refusing to grant a second motion for continuance. The application was made because of the absence of three witnesses. One of these witnesses was called to testify in the case but his evidence ...
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Curtis Dee was charged by complaint in the justice court of Bexar County with having practiced the barber’s trade without a license, contrary to the provisions of Article 734a of the Penal Code. Upon being convicted, he appealed the case to the county court where a fine of $50.00 was assessed and, being unable to appeal the case to this court, he filed application in the county court for writ of h...
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Plaintiff, Ida Mae Douglas, recovered judgment against P. C. and Nolan Phillips, Ruby Douglas Foster and husband, A. C. Foster, and Hollis B. Douglas, individually and as administrator of the estate of Mary Munday, deceased, for the amount of cotton rent tendered into court by the tenants of certain farms, to wit, P. C. and Nolan Phillips, and for a portion of the maize stored thereon. All of the ...
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Gilbert Trevino brought this suit and recovered judgment against Theodore Pa-poutsis and his wife, Reyes Ibarra Papout-sis, who have appealed. The obvious purpose of appellee in bringing the suit, maintained under the thin veneer of an action for divorce, was to obtain from Reyes Ibarra Papoutsis, his *778claimed wife under an alleged putative marriage, an interest in certain real properties in Be...
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This is a suit brought by the City of Dallas against First Trust Joint Stock Land Bank of Chicago, a successor of the First Trust Joint Stock Land Bank of Dallas, to collect the tax assessed by the city for the year 1926, against the Dallas Bank, as agent of its nonresident stockholders, on shares of stock of the Dallas Bank owned by such nonresidents. The all-important question involved on this a...
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This suit was filed by the appellees, Bryan York and twelve other members of the Amarillo fire department, against the appellant, City of Amarillo, seeking recovery upon a quantum meruit for alleged overtime work performed by them as firemen during the period from January 16, 1940, to January 5, 1942. In addition to the claims of these appellees, thirty-five other firemen made assignments of their...
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Bill Long and seven others brought this suit in one of the district courts of Wichita County against the City of Wichita Falls, to' recover sums alleged to be owing to them for overtime sex-vices rendered by them as members of the fire department of that city. The plaintiffs recovered judgment upon a trial in which the jury was waived, and the defendant has appealed. *793Upon the face of the recor...
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In a “Trial of the Right of Property” action to which E. A. Chastain, claiming to be the owner of an automobile, and Dublin National Bank, claiming to be the holder of a lien thereon, were the parties, the court sustained two exceptions of Chastain to the Bank’s petition, and, upon the latter’s failure to amend, dismissed the action. The Bank has appealed. The appellant (plaintiff below) will be r...
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Jefferson Standard Life Insurance Company instituted this suit in the District Court of Willacy County against Carl D. Anderson and wife, Gretchen S. Anderson, Trinity Universal Insurance Company and Magnolia Petroleum Company, seeking to recover the amount of principal, interest and attorney’s fees due and owing upon a certain deed of trust note in the principal sum of $2,500, and further seeking...
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This is a divorce suit brought by the husband resulting in a judgment in his favor. The wife has appealed. The wife did not appear at the trial under circumstances which we think constituted a valid excuse in law; but in view of our holding that the grounds for divorce were not established by “full and satisfactory evidence” (R.C.S. Art. 4632) we pretermit discussion of the issue of diligence. *80...
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Oneta Hatch, et al., beneficiaries in a $1,000 life insurance policy issued to Willie Elizabeth Brown, deceased, and N. E. Springer and others, assignees of an interest in said policy, recovered judgment against the Texas Life Insurance Company for the amount of said policy, penalty and attorney’s fees. The Insurance Company has appealed. The Insurance Company alleged that Mrs. Brown, on September...
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This is an appeal by Pearl Assurance Company, Ltd., hereinafter called appellant, ftom a judgment sustaining special exceptions to its petition for Bill of Review of a judgment previously entered in cause No. 17273 in District Court of Denton County, wherein Fred C. Williams, hereinafter called appellee, had sued it on a policy of fire insurance. Appellee instituted the original suit, and caused p...
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Catherine Bagby brought this suit against Provident Insurance Company upon an insurance policy issued by defendant to plaintiff’s husband, Thomas Bagby, deceased, in which plaintiff was designated as the beneficiary. Plaintiff alleged that on February 22, 1940, defendant, in consideration of $3 paid by Bagby, issued its insurance policy under the terms of which defendant agreed and became bound to...
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Appellee, J. M. Smith, brought this suit and recovered of appellant, Joe Coughran, the amount of a claimed 5% broker’s commission alleged to have been earned by appellee in procuring for appellant the sale of a parcel of real estate in Wilson County. It was conclusively shown that appellee relied solely upon an alleged oral agreement with appellant whereby the latter listed the property with appel...
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Reversing. The appellee, Aloysius B. Reinhart, owns real estate situated in Campbell County which the Commonwealth *Page 686 sought by this action to subject to the lien conferred by statute to secure the payment of Social Security Taxes owing by Reinhart and his predecessor in business, the Reinhart Concrete Block Co., Inc. The Washington Loan and Building Company had previously acquired title b...
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Opinion of the Court by Affirming. Alleging that he operates motortrucks for hire exclusively within the limits of the town of West Point, Kentucky, and through that town to Port Knox, a distance of 8.8 miles, and that accordingly he was entitled to the exemption granted by KRS 281.020 (KS, sec. 2739j-94) from the mileage tax imposed by KRS 281.480 (KS, sec. 2739j-78), appellant instituted th...
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Reversing. This appeal is from a judgment cancelling a deed, absolute on its face, by which appellee conveyed to the appellant, Tessie Langford, a tract of land containing 15 1/2 acres. The appellants are the son-in-law and daughter of appellee, who, at the time in controversy, was past 75 years of age. Appellee had six other children. He had remarried a short while before the events giving rise t...
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Affirming. This appeal involves the construction of a deed conveying an interest in the oil and gas under 90 acres of land located in Estill County. It is the contention of the appellees, Lillie Wells Bowen, Lonnie and Lloyd Wells, and Harry R. Witt, plaintiffs below, that the deed conveyed to their predecessors in title a 1/32 royalty interest in the oil and gas under this land. While appellant, ...
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Reversing. Prior to December 13, 1929, the appellant, Matt Wagner, and his wife, Cora B. Wagner, executed their joint note to the appellee and plaintiff below, Peoples Building and Loan Association, whereby they agreed to pay it, at the due date therein prescribed, the sum of $800. To secure it the makers executed to appellee a mortgage on a parcel of real estate in Bell county. They were likewise...
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Reversing. Prior to the year 1924 Frank Kudella and his wife, Elizabeth Kudella, jointly owned four vacant lots in the town of Poor Fork, in Harlan County. During their joint ownership the wife, Elizabeth Kudella, died intestate, leaving as her heirs and distributees of her property her husband and her children – the latter being the plaintiffs below and appellants here. Some of her children were ...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 742 Reversing. The question before us is whether the evidence to establish delivery of a passbook was sufficient to take the case to the jury on the issue of a gift of a savings account of $1,012.66. The trial court held it was not and directed a verdict agai...
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Affirming in part and reversing in part. This record is a veritable labyrinth of pleadings, affidavits and orders, and the discursive briefs on both sides contain so much extraneous and irrelevant matter that it has been extremely difficult to spot and "keep an eye on the squirrel." The final judgments appealed are: (1) The imposition of a fine of $25.00 upon each of two appellants for contempt of...
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Reversing. The appellee, Joe Maxwell, ran his automobile into *Page 662 a coal car standing across a highway and suffered personal injuries. His suit against the Railroad Company was submitted to the jury on the issue of whether it had been customary for the company to have a flagman or lighted flares at the crossing to give warning of the presence of trains or cars standing across the road at ni...
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Affirming. Appellee and plaintiff below, Charles R. Barnett, brought suit against appellant, Anna B. Reid Barnett, for a divorce on the grounds of such malformation as prevented sexual intercourse, and of cruel and inhuman treatment. Her answer traversed the averments of the *Page 673 petition, and by way of counterclaim she asked a divorce because of appellee's alleged cruelty and sought alimony...
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Reversing. On September 26, 1900, the widow, two sons and two daughters of U.D. Cleavinger conveyed to M.L. Hughes, the husband of one of the daughters, a farm in Logan County containing 75 3/4 acres. Since the crucial question in this litigation is the effectiveness of the purported conveyance to vest in the grantee the undivided one-fourth interest theretofore owned by his wife, we shall set for...
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Reversing. Appellant, prior to December, 1939, executed his note to the Pikeville National Bank and Trust Company, and to secure payment a mortgage on his home tract comprising about 300 acres. He was in default as to principal and interest when the bank sought to enforce its lien, the debt and interest at the time being around $1,380, and in November, 1939, default judgment was entered with direc...
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Affirming. The case is between a divorced wife, named as beneficiary in a policy of insurance upon the life of her former deceased husband, William H. Spurlock, and his estate as to who is entitled to the proceeds of $1,000. The trial court ruled that the right of the wife had been terminated by the decree of divorce and an agreed judgment settling all property rights between the husband and wife,...
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Affirming. This is our first case involving an interpretation of Chapter 123 of the Acts of 1940, KRS 411.110. The Act follows: "Section 1. That no action shall be maintained against any city in the State of Kentucky on account of any injury growing out of any defect in the condition of any bridge, boulevard, street, sidewalk, alley or other public thoroughfare in the said cities unless notice...
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Affirming. The appellant (plaintiff below) brought this action against appellee (defendant below) to recover overtime compensation, liquidated damages and attorney fees under the provisions of the Fair Labor Standards Act, 52 Stat. 1060,29 U.S.C.A. Section 201 et seq. The trial court sustained a demurrer to the petition on the ground that the facts set out therein are insufficient to bring the pla...
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Reversing. In the case of Hurst v. Paken Oil Co., 287 Ky. 257,152 S.W.2d 981, 983, we applied the rule followed in several jurisdictions to the effect that: "* * * Where an oil and gas lease is made by one party to another, covering one or more tracts of land, and is made to extend to the heirs and assigns of the parties, and different parties by purchase become the owners of separate portions o...
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Appeal denied; judgment affirmed. *Page 845 ...
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Motion for appeal denied; judgment affirmed. ...
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Motion for appeal overruled and judgment affirmed. *Page 1 ...
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March 9, 1923, H. M. Cooley's note for $3,000, due two years after date, was executed in favor of William Buss. The last of three credits was March 14, 1929. As security Cooley mortgaged his fourth interest in 520 acres. Appellants are heirs of William Buss. Balance due on the note, with interest, was $5,760 as of March 9, 1936. Suit was filed May 13, 1936. No marginal indorsements of payments wer...
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The appellee instituted suit in the lower court against the appellant for damages in the sum of $100 alleged to have been sustained by the appellee in the loss of eighty-one chickens which she alleged died as a result of eating prepared chicken feed bought by the appellee from the appellant. The appellant did not dispute the sale of the feed by it to appellee, but denied liability on the ground th...
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This is the second appeal in this case. The opinion in the first appeal was rendered on October 28, 1940, in the case of Moseley v. Moon, 201 Ark. 164,144 S.W.2d 1089. An examination of the transcript in the present appeal reflects that on February 20, 1941, the chancery court entered a decree on the mandate, and by consent fixed $250 as the rental value of the property and rendered judgment again...
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This suit was brought by the appellants, Sadie Evelyn Cline and W. M. Platt, for damages against the appellees, Gordon D. Smith, Al. J. Lynch and Silas Bogan, judgment being prayed by Sadie Evelyn Cline for $200 damages against Silas Bogan and Al. J. Lynch with an alternative prayer that, if judgment should not go against them, that amount should be recovered by her from Gordon D. Smith, and W. M....
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Appellee sued appellant to recover on a fire insurance policy in the amount of $1,000 together with penalty and attorney's fees. The complaint alleged that the insurance policy covered appellee's residence property; that the property burned November 30, 1940; that the policy was in full force and effect at the time of the fire; that appellee had complied fully with all of its terms, and demanded p...
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September 27, 1934, appellant, Cora Davis, and R. M. Davis, her husband, executed a note in favor of the Bank of Atkins in the amount of $240, due October 15, 1935, and bearing ten per cent. interest from date until paid. Appellee sued appellants on this note May 3, 1936, in the court of a justice of the peace and summons was issued against both of the appellants. *Page 145 The return of the offi...
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Appellee brought this action against appellant to recover damages for personal injuries sustained by him on August 9, 1941, while in the employ of appellant as a section hand, which injuries, it was alleged, occurred by reason of the negligence of other employees of appellant in the section crew with him. On said date the section crew consisted of four men and the foreman. They were engaged in rep...
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Appellant was charged (a) with having stolen six watches of the aggregate value of $12, and (b) with receiving stolen property. He was found guilty of the latter offense and sentenced to serve ten years in the penitentiary. Contention is that the evidence was insufficient. Six watches were stolen from J. J. Williamson's drug store in North Little Rock. Four were found in the defendant's possession...
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Dr. James A. Burks was injured between nine and half past nine o'clock the morning of December 16, 1941, when an automobile he was driving went into a ditch. He died four days later. December 7 Dr. Burks applied to appellant for insurance. A policy dated December 20 came into appellee's hands after her husband's death. With it was a letter, material parts of which are copied in the margin.1 *Page ...
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We determine whether there was substantial evidence to sustain the trial court's finding that appellee should recover on a $2,000 policy of insurance executed December 30, 1911, on the life of appellee's husband, who died November 6, 1939. From 1926, when an initial loan of $500 was made, miscellaneous borrowings by the assured, plus interest and premiums (less dividends and $19.88 paid by the ass...
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This is a controversy between the widow of an intestate and his two minor children by a former wife, each of said children being represented by a guardian, as to whether the widow is liable for her proportionate part of the expenses of liquidating the assets left by the intestate. The property left by W. H. Jones, Sr., consisted principally of notes receivable, accounts receivable and a *Page 190 ...
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I dissent from the opinion of the majority of the court in this case. A most logical argument against the soundness of the decision in the case of St. Louis I. M. S. Ry. Co. v. Matthews,64 Ark. 398, 42 S.W. 902, 39 L.R.A. 467, upon which the majority of the court is basing its opinion, is contained in the forceful dissenting opinion written by Chief Justice BUNN in that case. Judge Bunn, in his o...
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This is an appeal from final judgment of the Circuit Court of Adair County, Missouri. The cause arose in the probate court of Scotland county, by Charles Clow, a beneficiary under the will of deceased, filing written exceptions to certain credits claimed by the executrix in her first semi-annual settlement, her two annual settlements, and her final settlement. The exceptions questioned the legalit...
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delivered the opinion of the Court. Plaintiff in error was indicted for a violation of the Blue Sky Law of Tennessee (Code, secton 6056 et seq.) and his pnnisliment fixed at a fine of $5,000 and confinement in the county jail for ninety days. He has appealed to this court and assigned errors. The facts of the case are undisputed. Plaintiff in error being the owner of certain lands in the Stat...
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The plaintiff instituted suit in the Circuit Court of Davidson County for damages for personal injuries sustained about March 31, 1939, against the defendant, and his right of action is based upon the Federal Employers' Liability Act, 45 U.S.C.A., section 51 et seq. The case has been tried twice, the first resulting in a verdict for the plaintiff in the sum of $10,000, which was set aside upon mot...
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This suit is to recover a portion of a privilege tax on a motor vehicle, paid under protest. There was a decree in favor of the complainant from which the State has appealed. The controversy involves the amount of the tax imposed by chapter 94 of the Acts of 1939 on passenger motor vehicles operating for hire. The complainant operated 28-seat busses over a route fourteen miles in length to and fro...
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Louise M. Ragsdale, referred to herein as defendant in error, instituted this suit in a magistrate's court on July 31, 1941, to recover from the plaintiffs in error past-due rents for a farm, on which there was a dwelling, which she had leased to them. Defendant in error was awarded a judgment in the sum of $154.53, and upon appeal to the circuit court that judgment was affirmed. In the circuit co...
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This suit was brought in the Chancery Court of Shelby County by complainant Henwood, as trustee for the St. *Page 533 Louis-Southwestern Railway Co., to recover from the defendant McCallum-Robinson, Inc., the sum of $790.21, representing the amount alleged to be due as freight charges upon certain shipments of cotton shipped by the defendant in Texas and consigned to itself at Memphis. The bill a...
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The question before the court is the constitutionality of Chapter 522, Private Acts 1939, the title of which is as follows: "A Bill to be entitled: An Act to repeal Section 2 of Article 1 of Chapter 269 of the Private Acts of 1903 and the amendments thereto, same being Chapter *Page 543 367 of the Private Acts of 1905 and Chapter 551 of the Private Acts of 1907, the caption of which is as follows...
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This suit was brought by the complainants to recover a balance alleged to be due under a contract hereafter set out from defendants City Water Company of Chattanooga and Mountain Spring Water Company and also for a declaration as to the rights of the parties under said contract. The chancellor rendered a decree against Mountain Spring Water Company for the amount alleged to be due but absolved the...
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The chancellor held Chapter 684 of the Private Acts of 1937 creating the Cherry Bottom Drainage District constitutional and valid. The first bill was filed thereunder for the collection of taxes for the year 1937; and the second, for the collection of taxes for the year 1938. The defendants demurred to the bill on the ground that said Private Act was unconstitutional in that, among other things, i...
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Construction of the will of H.T. Grimes is sought. The will was executed in March, 1932. Grimes died in July, 1938. Meanwhile, June 1, 1932, he had married and his surviving widow dissented from the will and has been awarded $3,000 as her year's support, $750 for her personalty exemption, and a dower interest in certain real estate. The validity of this will was sustained by the Court in Grimeset ...
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Appeal denied; judgment affirmed. *Page 853 ...
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The bill in this cause was filed on December 26> 1934, by the State of Tennessee, for the benefit of the heirs at law and next of kin of Jesse Howell, deceased, and seeks an accounting with J. H. Hardison, executor of the will of Jesse Howell, and a judgment against the executor and . his bondsman, the American *82 Indemnity Company, for whatever sums the court may determine are due the heir...
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This is an action of damages for an alleged breach of contract of marriage. Seduction is *Page 88 averred in aggravation of damages and not as a separate cause of action. There was a jury judgment in favor of plaintiff for $15,000. The court below on motion for new trial directed a remittitur of $7,500. The defendant below, appellant here, prosecutes this appeal. He has adopted his grounds of mot...
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The bill in this case was filed by the complainants against the defendants, Alvin York and wife, and the Wolf River Corporation, seeking damages for an alleged breach of a contract of lease executed by the Yorks to the Tennessee Barium Corporation, of which the complainants allege they are stockholders. This breach it is alleged was brought about by the conduct of the defendants in entering into a...
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delivered the opinion of the Court. This is a suit by Mrs. Beatrice Flannery and others to reform a partition deed by which certain land was set aside to her as her separate property. The material question to .be determined is whether her husband was properly joined as a party plaintiff in the suit. J. W. Wade and his wife, Hettie Wade, owned several tracts of land during his lifetime. After his d...
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delivered the opinion of the Court. This is a mandamus proceeding filed directly in this court by Lower Neches Yalley Authority as relator against Honorable *297Gerald C. Mann, Attorney General of Texas, as respondent, to compel him to approve two issues of revenue bonds of relator in the principal amounts of $10,000,000 and $1,000,000 respectively. It is admitted that the bond issues and bond rec...
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delivered the opinion of the Court. J. M. Walsh, Jr., brought this suit against the Dallas Railway & Terminal Company for damages for personal injuries received by him as the result of a collision between the ambulance in which he was riding and a passenger bus operated by the Railway & Terminal Company, at a street intersection in the City of Dallas. The insurance carrier of Walsh’s compensation ...
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This is a petition for a writ of mandamus. Leave to file it was granted on motion of relator, National Life Company. The writ is sought to require the Court of Civil Appeals at Waco to certify to the Supreme Court certain questions, hereinafter stated, growing out of the decision by that court of a plea of privilege appeal in National Life Co. v. Thomason, 160 S.W.2d 582. Elbert J. Thomason, a res...
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Cited cases used in opinion. delivered the opinion of the Commission of Appeals, Section A. This is a petition for a writ of mandamus. Leave to file it was granted on motion of relator, National Life Company. The *317writ is sought to require the Court of Civil Appeals at Waco to certify to the Supreme Court certain questions, hereinafter stated, growing out of the decision by that court of a ple...
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*304Kart Martin filed an affidavit before a justice of the peace in Mason County on September 26, 1942, alleging that Werner Schmidt did, on the 18th day of August, 1942, threaten to do bodily injury to Ed Kroerner and Seth Kothmann. It is further alleged that Schmidt seriously threatened to do bodily injury to the affiant on or about the 25th day of September, 1942. Hearing was had on said applic...
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The conviction is for the offense of polluting a fresh water stream. The punishment assessed is a fine of $300.00. By motion to quash appellant questions the sufficiency of the complaint and information on two grounds: First, because the same do not inform him of the particular means used in the commission of the alleged offense; and second, because under *313Section 2 of Article 698a of the Penal...
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The appeal is from a fine of $50.00 and thirty days in jail on a charge of procuring. The record before us contains no bills of exception. The case was tried before the court without a jury and we are not advised as to the grounds for reversal which may be relied upon by appellant. Only two witnesses testified: The officer who made an investigation of the premises and the woman who was involved, a...
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Johnny Vasquez was convicted by a jury in Travis County on a charge of rape and was assessed the penalty of death, from which this appeal comes. Appellant is a Mexican, a minor, but married. He and his wife were working for W. C. Kelley, who lived near Austin, it appearing that appellant’s wife was assigned to the special duty of caring for their eight-year old daughter, Barbara Kay, who was not i...
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Helen O’Keefe was convicted of the murder of J. C. Franklin and assessed a penalty of twenty-five years imprisonment in the State penitentiary by a jury in Harris County and she brings this appeal. The indictment alleges that on about the 12th day of November, 1941, appellant killed J. C. Franklin by shooting him with a gun. Another count alleges that he was killed by means unknown to the grand ju...
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The appellee, Ed R. Wallace, filed this suit against the appellant, Stella Wheeler, to recover upon a promissory note for $1,750 and for foreclosure of an attachment lien upon certain real estate in Wheeler County. It appears that the note was executed by the appellant on December 15, 1938, and was payable to Albert A. Hall one year after date: The note was transferred from Hall to the Amarillo In...
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Appellant, Mrs. Vada Smith, a widow, has appealed from a judgment notwithstanding the jury verdict, entered by the court in favor of appellee, Safeway Stores, Incorporated. Appellant’s allegations were sufficient to show that she entered appellee’s store as an invitee, and after she had been in the store fifteen or twenty minutes, doing her shopping, she stepped on a banana peel and fell, sustaini...
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Appellee, John W. Dover, filed this suit against appellant, Benefit Association of Railway Employes, to recover the aggregate of forty dollars per month for a period of twenty-four months as indemnity under an accident indemnity policy issued to him by appellant, which provided for such payments in the event appellee should become totally disabled as a result of accidental injury. He alleged that ...
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Appellants, Mrs. N. E. Kent and Ward Preston, sued appellee, J. B. Stoddard, to recover damages resulting from the termination in bad faith of a drilling contract. The case was tried before a jury. Upon the conclusion of all the testimony, appel-lee seasonably presented his motion for a peremptory instruction which was refused. Thereupon the court submitted two special issues to the jury inquiring...
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This suit originated in the Justice Court of Hall County. In that court the appellant, J. W. Webster, operator of a tourist camp, sued the appellee, W. A. Moore, for a debt of $42, for past due rent and for foreclosure of an alleged lien upon certain household goods of the alleged value of $75. The appellee, in a counterclaim, sought judgment against the appellant for the sum of $200 for damages a...
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Appellant was convicted of theft, and his punishment assessed at five years’ confinement in the penitentiary. The appellant has filed a written application, duly verified by his affidavit, requesting the privilege of withdrawing his appeal. The request is granted and the appeal ordered dismissed....
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