Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 298
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298 LOPEZ v. THE STATE. [Term of
and five dollars remaining, and which defendants claim, or if,
as claimed, Mrs. Long is entitled to receive ana liable to account
for it as holding it in trust for plaintiff, he should have made her
a party defendant in the court below; and shown by a statement
of his accounts, as surviving partner, when and to whom he paid
the debts referred to in general terms in his petition, and
stated in as indefinite terms in his evidence on the trial. The
facts, however, show clearly that Mrs. Long has neither a legal
claim nor an equitable interest in the note, or its proceeds; the
facts are equally clear that defendant, Wootters, had no information
or notice of any kind that plaintiff claimed the note
as surviving partner of Long; Lacey, who executed and subsequently
paid the note, testified as a witness on the trial, his
evidence is silent as to plaintiff ever requesting him not to pay
the note to any person but himself. There was nothing in the
manner in which defendant obtained the note to cast suspicion
on the transaction. The note had been deposited as a collateral
security with Haden in May; Haden, being pressed for
money, was about to sacrifice or dispose of it, when defendant
" traded for it in September; it was not due until December following.
The jury could not have, under the facts, rendered a
different verdict; there was no error in refusing a new trial
and the evidence shows plaintiff as having no legal claim to
the property in dispute.
JUANA LOPEZ v. THE STATE.
1. INSTRUCTIONS. The practice of giving in charge all the provisions of
the Code relating to an offense in all its degrees without reference to
the facts of the case, which has prevailed to some degree in Texas for
nine years, again reprobated.
2. DISTRICT CLERK. AUTHORITY TO IOLD TIE OFFICE WILL NOT BE DECIDED
IN A COLLATERAL PROCEEDING. The constitutionality of an Act under
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/306/: accessed November 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .