Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Galveston term, 1884, and embracing the greater part of the Austin term, 1884. Volume 61. Page: 10
xv, 806 p., 22 cm.View a full description of this book.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
10 CONWAY v. CrIT OF BEAUMONT. [Galv. Term,
Syllabus.
The opinion states the case.
T. C. Bufington, for appellant.
WT. W. Meachum, for appellee.
WILLIE, CHIEF JUSTICE.- We are of opinion that the district court
did not err in dismissing the appeal taken from the justice's court
for want of a sufficient affidavit of inability to pay costs.
The affidavit does not state the number of the case in which the
appeal is taken, nor the court in which the judgment appealed from
was rendered, nor the nature or the amount of the judgment entered
up against him. From the affidavit itself no one could tell
what judgment it referred to, as it contains no description which
would identify it.
The reasons for which certainty sufficient to properly identify the
judgment sought to be revised is required in appeal bonds apply
also to appeals taken upon affidavit of poverty. As they are familiar
and established by frequent decisions, it will not be necessary
to repeat them, but it will suffice to refer to some of the cases in
which they will be found. Hollis v. Border, 10 Tex., 277; Smith v.
Cheatham, 12 Tex., 37; Horton v. Bodine, 19 Tex., 280.
There is no error in the judgment, and it is affirmed.
AFFIRMED.
[Opinion delivered January 29, 1884.]
EDWARD CONWAY V. THE CITY OF BEAUMONT.
(Case No. 1764.)
1. DAMAGES -PLEADING.- See statement of case for facts pleaded held insufficient
to render a municipal corporation liable for damages.
2. DAMAGES- MUNICIPAL CORPORATION.- In a large class of cases no action for
damages will lie against a municipal corporation. No fixed rule can be laid
down which will embrace every character of tort for which such a corporation
is liable; all that can be done with safety is to determine each case
on its own facts as it arises. Following Lloyd v. Mayor of New York, 1
Selden. 369; Richmond v. Long, 17 Grattan, 375, and other cases cited.
8. SAME.- Since a municipal corporation is not uniformly liable for torts of
the character attempted to be set forth in the petition, it was the duty of the
pleader to set forth the special facts on which the liability in the particular
case was claimed.
APPEAL from Jefferson. Tried below before the Hon. W. H.
Ford.
Upcoming Pages
Here’s what’s next.
Search Inside
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Galveston term, 1884, and embracing the greater part of the Austin term, 1884. Volume 61., book, 1903; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28513/m1/26/: accessed May 3, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .