Volume 1 — Arizona Reports

<p>The facts are stated in the opinion.</p>

<p>Congress has Power to Regulate Trade and Intercourse with Indian Tribes inhabiting any portion of the public domain of tbe United States.</p> <p>Indian Country is Portion of Territory Inhabited by Indians whose title has not been extinguished by the United States.</p> <p>License to Enable Citizen to Trade with Indians is not required except in an Indian country.</p> <p>Sec. 19 of Act of Congress of 1802, Allowing Trade and intercourse with Indians living on lands surrounded by settlements of tbe citizens of the United States, is in force in Arizona, because its provisions are applicable to the condition of affairs existing therein.</p> <p>Property of Trader Seized outside of Indian Reservation is not forfeitable by reason of tbe fact that he has no license to trade, from an Indian superintendent or agent.</p> <p>Indian Reservation is Certain Limited Portion of our national domain, assigned by the federal government to a tribe or tribes of Indians, to be held by them according to the terms of the assignment.</p> <p>Certificate of Probable Cause should not be Given by Court, where the facts in the case show no reasonable cause for making the seizure.</p>

<p>Any Justice oe Supreme Court may grant Writ op Certiorari. The authority given to each of the justices to issue this writ is precisely the same as that given to the court.</p> <p>Receiver Appointed to take Charge oe Escheated Estate of a deceased person is entitled to the custody of the realty only, and of the rents and profits thereof. The administrator of such an estate is the proper custodian of the personalty belonging thereto, and the district court has no authority to compel him to turn over the personal estate to such receiver.</p> <p>Jurisdiction oe District Courts in Matters Cognizable in Probate Courts is wholly appellate.</p>

<p>Administrator is by Law Presumed to have Done his Duty, until the contrary is shown.</p> <p>Presumption in Pavor oe Regularity oe Order oe Court does not arise in a ease where the order is made in a matter over which the court has no jurisdiction.</p> <p>District Courts have No Power to Appoint Administrators of estates of deceased persons. In probate matters their jurisdiction is purely appellate. The power to appoint administrators belongs exclusively to the probate courts.</p>

<p>Charge oe Court to Jury in Criminal Case must be in Writing; and unless a written charge be expressly waived by the defendant, a failure to give it is sufficient ground for the reversal of a judgment rendered against him.</p> <p>Where Judgment oe Lower Court in Criminal Case is Reversed on appeal, the defendant may be tried anew in the court below. In such a case the law does not regard the accused as having been placed in jeopardy by the former trial.</p>

<p>Indictment should Charge One Oeeense Only, and therefore an indictment which in one count charges the offense of resisting an officer in the execution of process, and in another count charges the offense of assault with a deadly weapon upon the person of the same officer, v/ith intent to put him in fear and to compel him to obey an unlawful command of the defendant, is bad.</p> <p>In All Criminal Cases Court must Charge Jury in Writing, unless the defendant expressly waive his right to have the charge so given. The judge must commit his instructions to writing and read them to the jury from the original manuscript; and where this is not done, the error is not cured by subsequently reducing them to writing.</p>

<p>Charge to Jury in Cribtinal Case must be in Writing, signed by the judge, and filed with the papers in the case, and the record in the case must show that such charge was read to the jury, or that the defendant in open court consented that the charge should be given verbally.</p>

<p>New Trial in District Court, When Granted in Appeal prom Justice’s Court.—Where the trariscript on appeal is obscure or unintelligible, or where error prejudicial to the rights of a party appears on the face of the transcript, or by an assignment of errors by way of affidavit, sustained by the special return of the justice, relating thereto, the appellate court may modify the judgment, if the error be one which, upon inspection of the returns, can he so corrected, or may order a new trial when the error can not otherwise he reached. But if no such error appears either by reference to the transcript, or by assignment of error by way of affidavit, tbe district court must render sucb judgment as was had in the justice’s court, with the costs of the appeal.</p> <p>Objection that Note Sued on was Insuppiciently Stamped can not be raised for the first time in the supreme court.</p>

<p>Clerk has No Power to Enter Judgment by Default after Answer has been filed, although such answer may be informal or insufficient. Any answer filed in the cause suspends the clerk’s power to declare the defendant’s default and to enter judgment, and its value as a pleading can be determined by the court only.</p> <p>Judgment by Default Entered by Clerk after Answer Piled should be set aside by the court.</p> <p>Notice is Sufficient when it informs the party entitled to receive it of the thing to be done, and leads him to the place of doing it at the proper time.</p> <p>Verification of Answer does not Impair its Effect as a pleading, although it is made in a ease where the law does not require the answer to be verified.</p>

<p>Defendant should be Informed of his Right to have Counsel, in a criminal case, before he is arraigned.</p> <p>Indictment ought, in Case of Felony, to be Read to the Jury that tries the accused.</p> <p>Errors That Appear not to have Prejudiced Rights of Defendant in a criminal prosecution are not sufficient ground for reversal. And the failure to read the indictment to the jury, and the omission to inform the defendant, before his arraignment, that he has a right to have counsel, where the taking of his plea was postponed for two days, when counsel was in fact assigned to him before the plea was made and entered, do not constitute a sufficient cause for reversing the judgment.</p>

<p>Objections, What the Record must Show in Reference to.—Where a party objecting is overruled and he appeals, he must show by the record: 1. What the question was and what answer was given to it, or what the evidence was which was introduced against his objection. 2. He must set out enough of the evidence to illustrate the point of his objection, and to raise the presumption that he may have been injured; but where error is shown, injury will be presumed, unless the contrary clearly appears. 3. He must show what kind of an objection was made, and, to avail him in the supreme court, he must show that the objection, as made, was good.</p> <p>Id.—Where the party objecting is sustained and the other side appeals, the appellant must show by the record: 1. What question he asked, and what evidence he sought to introduce. 2. Sufficient of the other evidence to illustrate the admissibility of that offered. 3. That the evidence so offered was excluded. 4. That there is reasonable ground to presume that he may have been injured by such exclusion.</p> <p>Supreme Court will Consider Only Such Grounds of Objection as were urged in the court below. Such objection must he specific, not general. It is error to sustain a general objection, unless it is impossible tliat the evidence offered can be material in any view of the case, and this impossibility must be apparent.</p> <p>Objection that Testimony Offered is Irrelevant, Inadmissible, or Incompetent, without specifying wherein or how, or why it is irrelevant, inadmissible, or incompetent, will not be considered in the supreme court as raising any issue, if the testimony could, under any possible circumstances, have been relevant, admissible, or competent.</p> <p>. Cross-examination, Limits of.—1. When an adverse witness has testified to anypoint material to the party calling him, he may then and there be fully cross-examined and led by the adverse party upon all matters pertinent to the case of the party calling him, except upon exclusively new matter; and nothing is deemed new matter except such as could not be given under a general denial. 2. The fact that evidence called forth by a legitimate cross-examination happens also to sustain a cross-action or counter-claim, affords no reason why it should be excluded. 3. The party entitled to cross-examine may waive his right to do so at the time, and recall the witness and cross-examine him after he opens his ease. 4. The court, in its discretion, may forbid the cross-examining party putting leading questions, when the objection is made that the witness is biased in favor of the party cross-examining, and the court is satisfied that the objection is well founded.</p> <p>In Ejectment It is not New Matter to setup defendant’s title.</p> <p>Law and Customs of Miners Permit Locations to be Made for Nonresidents of the district, and when so made, the title vests in the person for whom they are made.</p> <p>Declarations oe Grantor as to Nature of Title He Asserts, made during the time that he claimed title, are admissible, not only against himself, hut against parties claiming under him.</p> <p>Forfeiture of Mining Claim.—A failure to comply with the local rules and customs of the miners of a district will not work a forfeiture of a mining claim, unless those rules and customs expressly declare that such failure shall work a forfeiture, and such local rules and customs, instead of being liberally construed to establish such forfeiture, will be strictly construed as against it.</p> <p>Local Bules and Customs of Miners, Interpretation of.—The local rules and customs of miners are subject to exactly the same rules of construction and interpretation as any other statute.</p> <p>Legal Terms must not be Used in Instructions without Explanation.</p> <p>When Location oe Mining Claim is Made for Absent Locator, whether with or without authority, or with or without his knowledge, whatever rights are given to Kim by such location vest in him at once, and even the person locating such absentee can not, without authority, take down the name of such absentee and insert another, even if he do it before the absent locator has knowledge of the fact that he has been located. No express authority is requisite for a person to locate an absent party.</p> <p>Possessory Bights, What Necessary to Maintain Ejectment.—There are two kinds of possessory rights recognized in this territory, one based on the act of November 9,1864, Compiled Laws, p. 536, the other resting on mere prior occupation. To maintain a right under the first, plaintiff must show a compliance with the statute; to succeed under the second, he must show prior possession without alienation or abandonment, down to the time of the entry complained of.</p> <p>Fraud, What Necessary to Defeat Eights of Absent Locator.—In order to render a location void as to an absent locator on the ground of fraudulent intent upon the part of those locating him, it is necessary to bring a knowledge of such fraudulent intent home to such absent locator, and to show an acquiescence in such fraudulent intent upon his part, with the purpose of carrying it out.</p> <p>It is not Error to Eefuse Instruction having No Eelevancy to any question involved in the issue. Whether or not it is error to give such an instruction depends upon whether it is calculated to mislead the jury or not.</p> <p>Where Error is Shown, Injury is Presumed, unless the contrary plainly appears.</p>

<p>Judges of Supreme Court have Power to Appoint Regular Terms of the district courts for the several districts of this territory.</p> <p>Possession of One Tenant in Common^is the Possession of All the co-tenants, and this unity of possession can only be dissolved by proceedings in partition, or by amicable agreement.</p> <p>Uninterrupted Adverse Possession of Water Right for Rive Years, under a claim of right, gives a valid title.-</p> <p>Declabations Made by Pabties Claiming a Wateb, Right that they would not permit a certain person to have any of the water, if made in the absence of such person and without his knowledge, are not admissible in evidence against him, in an action'1 brought by such claimants to recover damages for the water taken by him.</p> <p>Exception must Reeeb to Some Pobtion oe the Evidence in a case, in order to be of any avail to the party who makes it.</p> <p>Pabty Asseeting Title undeb Deed is not Coneined to It, but may claim under any other title.</p> <p>Whebe One Pebson Makes Declabation to Anotheb that a third person is a joint owner with him in a water right, and such other person, relying on such declaration, purchases the interest of the third person, records his deed, and enters into possession, the person making the declaration will be estopped from denying the right of such purchaser. And those claiming under the person who made such declaration will be thereby put upon inquiry as to the true state of the title.</p> <p>To Instbuct Juby that thebe must be Pbepondebance oe Evidence in favor of a party to entitle him to a verdict is not error.</p>

<p>Where Two Persons doing Business as Partners Agree in Writing that, in case of the death of either of them, the survivor shall settle the business of the partnership, and after paying the just debts of the partnership and of the deceased, shall have all the remaining property of every kind for his sole use and benefit, without any process of law whatsoever, accounting only to the creditors of the partnership and of the deceased partner, a complaint filed, after the death of one of the parties, in the district court by the survivor, setting up the agreement and asking that the administrator of the deceased party he required to turn over to him all the property in his possession belonging to the estate of the deceased, and offering, on the part of the plaintiff, to perform all the terms and conditions of the agreement, is not demurrable on the ground that it does not state facts sufficient to constitute a cause of action.</p>

<p>Appeal does not Lie to Supreme Court . prom Judgment of a district court rendered by it on an appeal from a justice’s court, when the amount of the judgment does not exceed two hundred dollars.</p> <p>Where Appeal is from Judgment Only, the judgment roll is the only thing that can be considered by this court, no matter how many other papers the clerk may choose to embody in the transcript. And if no error appear in the judgment roll, the apipeal will be dismissed.</p>

<p>Insolvent Debtor mat Lawfully Prefer One Creditor to Another, and an assignment made by him for the benefit of some of his creditors to the exclusion of.others is valid, until proper proceedings are taken under the United States bankrupt act to avoid it.</p> <p>Assignment Preferring Creditors, Made More than Pour Months prior to the institution of proceedings in bankruptcy, stands good in law.</p>

<p>Married Woman of the Age of Twenty-one Tears, or Upwards, may convey or incumber her separate property in the same manner as if she was unmarried, and a conveyance thereof by her does not require to be acknowledged by her on an examination separate and apart from her husband.</p> <p>Complaint in Action to Enforce Contract of Married Woman need not allege that she is of the age of twenty-one years or upwards. If the defendant is under that age, she may plead that fact as a matter of defense, but a failure to aver in the complaint that she is of that age is not ground for a general demurrer.</p>

<p>Writ of Mandamus will not be Granted to Control Action of any inferior court, board, or officer, in matters wherein their acts are of a judicial character, or wherein they are called upon to exercise discretion; but where their acts are ministerial only, and they fail or refuse to perform any act required by law, and the party injured has no other speedy and adequate remedy, he is entitled to this writ.</p>

<p>Where One Agrees with Another to Take a Certain Sum for his Property, and the latter then sells it for double that amount, and the former conveys directly to the purchaser, the one so conveying can not recover from the party with whom he made the agreement the excess over the agreed price, where there is no evidence of fraud, or that he was acting as agent in the transaction.</p>

<p>Appeal from the district court of the third judicial district, Mohave county. Action to recover for the use of personal property. The opinion states the case.</p>

<p>No Acknowledgment oe Deed is Necessary to Pass Title to the property conveyed by it.</p> <p>Deed though Defectively Acknowledged^, may be Given in Evidence as against the grantor, or any other party not a purchaser.</p> <p>Wife Twenty-one Years of Age may Convey her Separate Estate in precisely the same mode that she could if unmarried, and her acknowledgment of "a deed does not need to he different in form from that of other persons.</p> <p>Rents and Profits of Wife’s Separate Property are her separate property, and if she invests them in the purchase of other property, the property so purchased will he separate property, under her sole and exclusive control.</p> <p>Presumption that Property Conveyed to Wife for Moneyed Consideration is common property, may he overcome hy proof that the property was purchased with her separate funds. And for the purpose of showing that such property was her separate property, evidence of the fact that her husband stood hy while she was negotiating for its sale, without making any objection to the negotiation, or. in any manner questioning her right to the property as her separate property, is admissible in an action brought by the purchaser from her to recover from the husband the property conveyed hy her; and 50 also is evidence that prior to the conveyance by her the husband had disclaimed any interest in the property.</p> <p>Presumption that Ale Property Purchased by Wipe during the existence of the marriage, for a moneyed consideration, is common property, is not applicable to all cases, but the legal presumption as to ownership varies with the different facts and circumstances surrounding each case.</p>

<p>Parties to Action can not Stipulate What the Law is that is to govern their case; nor can they stipulate what the action of a law-making body was in a given case, and from the stipulation thus made ask the court to determine whether a general law is or is not in force.</p> <p>Journals of Legislative Body are not Evidence to the Courts as to what laws were enacted by such body, and, in the absence of other evidence, a court is not warranted in finding that a general act has been passed by such legislative body, where such act has not been published amongst the laws, and no copy of it can he found enrolled in the office of the secretary of the territory, who is the lawful custodian of all original hills that have been properly passed.</p>

<p>Filing of Answer will not be Permitted after Default, unless the defendant satisfies the court, in some way, that thei’e is reasonable ground to presume that he has a valid defense to the action.</p>

<p>Judgment is Final when Rendered after Hearing the complaint, answer, and argument of counsel for plaintiff and defendant, and the term at which it was rendered has elapsed.</p> <p>Court has Ho Power to Keep Judgment under its Control, after it has decided the case on its merits, upon a proper hearing.</p> <p>Words “and until the Further Order of This Court,” added to a decree of the court making an injunction perpetual, do not make such decree interlocutory, nor do they give the party against whom the decree has been rendered the right to move for the dissolution of the injunction at a subsequent term of the court.</p>

<p>It is hot Error fob Court to Instruct Jury upon their returning into court and asking for further instructions, although defendant’s counsel is not at the time present, provided the defendant himself is present.</p> <p>Verdict oe Jury may be Received in Absence of Counsel for the defendant.</p> <p>Affidavit of Juror is not Admissible to Impeach Verdict of the jury, where the minutes of the court show that the verdict was in writing, signed by the foreman, that it was recorded by the clerk in the presence of the jury, that it was then read to them by the clerk, who asked them if that was their verdict, and they answered that it was.</p>

<p>In Action against Survivor or Two Makers or Promissory Note, after evidence that a partnership existed between them has been introduced, it is not error for the court to instruct the jury that if they believe that the defendant had been notified that such note was out, signed by himself and the deceased, and that when called on to pay the note be did not deny the authority of the deceaséd to make it, but on the contrary, promised to pay the same, then the defendant is liable on the note. .</p> <p>Where Party Introduces Testimony, He can not Aeterwards Object to It on the ground that it is irrelevant. Nor can he object to the court’s instructing the jury in reference to it, for if it is really irrelevant, there is all the more reason why the court should comment upon it so far as to prevent the jury from being misled by it.</p> <p>Manner in Which Judge Delivered his Charge to the Jury will not be considered on appeal to this court, unless it was made a ground of the motion for a new trial, and was supported by affidavit.</p>

<p>Appeal from the district court of the first judicial district, county of Pima. The opinion states the case.</p>

The judgment appealed from was rendered on the twenty-first day of November, 1873, and the notice of appeal was given on the tenth day of December, 1871. The other facts are stated in the opinion.

■ Appeal from a judgment of the district court for the third judicial district, county of Yavapai, rendered in favor of the, defendant, and from an order denying the plaintiff a new trial. The other facts are stated in the opinion.

<p>Judgment and Degree must be ^Reversed, unless Sustained by the Pleadings in the case.</p> <p>Decree Declaring Deed to be a Mortgage is not Sustained by a complaint which asks that such deed be canceled and held for naught, on the ground that the grantor therein named was, at the time of its execution, incapacitated from making the deed, and that the execution of the same was procured by fraud and conspiracy.</p>

<p>Right to Trial by Jury in Equity Cases.—In cases of purely equitable cognizance it is entirely discretionary with the judge whether or not he will call in the aid of a jury to assist him in determining special issues of fact framed by the parties to the action.</p> <p>Person not an Expert may Testify as to Effect of Liquor upon a particular person with whom he is acquainted.</p> <p>Declarations of Agent, Admissibility of.—Where some evidence of the existence of an agency has been given, it is competent to give in evidence the acts and declarations of the agent respecting the subject-matter of his authority.</p>

<p>Appeal from the district court of the first judicial district, county of Pima. The opinion states the case.</p>

The action was an action at law brought by the plaintiff against the defendants, on a written contract-for the payment of money. The defendants, in tlieir answer, set up new matter of an equitable nature as a defense to said action. Plaintiff demurred to the answer, on the ground that the facts therein set up constituted a bill in equity seeking affirmative relief, and could not be pleaded by way of defense to this action.

<p>Mandamus Lies to Compel an Inferior Court, Board, or Officer to perform a duty enjoined by law, but unless the act to be done is purely ministerial, it can not command how it shall he done. If the act, whose performance it is sought to compel, is judicial or discretionary in its character, no court has power by its writ of mandate to command in what manner the act shall he performed. .</p> <p>Mandamus will not Lie to Compel an Officer to act on a matter upon which he has already acted, however erroneous his action may have been. The writ of mandate is in no case a process for the review or correction of errors.</p> <p>No Officer of Territorial Legislature can be Allowed Ant Compensation for his services beyond that which is provided by the laws of the United States. ■</p>

<p>Character of Deceased is hot in Issue in Triad for Murder, unless some evidence has been given tending to show that the defendant acted in self-defense.</p> <p>Where Jury in Criminad Case Return Verdict in Writing, which is read to them by the clerk and declared by them to be their verdict, it is not necessary that such verdict should be recorded in the minute book of the court before it is so read to the jury.</p>

<p>Afpeals from Justice’s Court to District Court must be Perfected within thirty days from the rendition of the judgment. The provisions of the statute providing for such appeals are mandatory.</p>

The mining ground in controversy is situated at Tombstone. After its location various parties entered on its limits and erected various improvements on it. This action was brought to eject these parties from the claim. The other facts are stated in the opinion.

<p>No Appeal Lies prom Probate Court Directly to Supreme Court. All appeals from the probate court must be taken to the district court.</p>

<p>Mechanic’s Lien, What Subject to Sale on Foreclosure of.—In a suit to foreclose a mechanic’s lien, only the interest of the party who caused the building to be erected or the materials to be furnished can be ordered sold for the extinguishment of the lien.</p>

<p>Appeal from the district court of the first judicial district, county of Pima. The opinion states the case.</p>

<p>Appeal from the district court of the third judicial district, county of Yavapai. The opinion states the case.</p>

<p>Appellate Court will not Disturb Findings of Fact by Trial Court, where there is substantial evidence to sustain them, unless errors of law have occurred, requiring a reversal.</p> <p>Owner of Mining Claim, can only Follow his Vein or Lode on its Dip, when the vein or lode dips substantially at right angles with the strike of the vein or lode. He can not follow the vein outside of his claim on the course or strike of the vein in any case. If the vein crosses the side lines on its strike, such side lines become the end lines, and terminate the owner’s right to follow the vein in that direction.</p> <p>Ore Bodies Formed off from and Connected with a Fissure Vein do not form a separate vein, lode, ledge, or mineral deposit,</p>

The appeal is from a judgment in favor of the plaintiff, in an action to recover for the death of her husband by reason of the defendant’s negligence, and from an order denying the defendant a new trial. The further facts appear in the opinion.

<p>Imprisonment is Legal, under Section 19 oe the Habeas Corpus Act, where the commitment, which in this territory is a certified copy of the judgment, fully shows the character of the court rendering the judgment, the names of the judge and clerk, and the date of the judgment, although such judgment does not contain the usual recitals.</p> <p>Return to Writ oe Habeas Corpus, Whioh Sets out in Full the Record of the proceedings under which the petitioner is held, is a full and complete answer to every allegation contained in the petitioner^ application for his discharge, and being admitted as true, negatives the same.</p>

<p>In Prosecution for Larceny of Property that does not Easily Pass from Hand to Hand, the Prisoner’s Exclusive and Unexplained Possession of the stolen property, recently after the theft, is not only a circumstance to be considered as tending to show the prisoner’s guilt, but raises such a presumption that he is the thief that the burden of proof is taken from the prosecution and laid upon him.</p>

<p>Whether Appellate Court shoud Grant New Trial eor Error in admitting evidence of a parol agreement between the parties when a written agreement was alleged, unless it is plain from the whole case that a different result would be reached on a new trial, quaere.</p> <p>Partnership Agreement Beduced to Writing, but not Executed by the partners, is not evidence of the terms and conditions of the partnership.</p> <p>When there is Evidence to Sustain the Judgment, the same will be affirmed.</p>

<p>Causes of Action, Statement of.—In an action on several bills of exchange, all bearing the same date, payable to the same party, due at the same time, the better practice is for the complaint to contain a separate statement on each bill. If, however, the complaint contains but a single statement, an order overruling a demurrer thereto will not be disturbed.</p> <p>Costs of Protest of Inland Bill.—The allowance of costs for the protest, of inland bills of exchange is not reviewable on appeal, when no motion to retax costs was made in the lower court.</p>

<p>Appeal from a judgment of the district court of the first judicial district, county of Pinal, entered in favor of the-plaintiffs. The opinion states the facts.</p>

<p>Laws of United States Relating to Acquisition of Title to Mineral Lands on the public domain are paramount, and the laws of a state or territory, so far as they conflict therewith, are entirely nugatory.</p> <p>Location of Mining Claim Recorded in Strict Compliance with Laws of United States and of the territory of Arizona, in. the recorder’s office of the proper county, is valid, although not recorded with, nor examined by, the local district recorder, in compliance with the local regulations of the mining district.</p> <p>Failure to Comply with Local Rf.gulations of Mining District does not Work Forfeiture of a prior location, unless such regulations prescribe a forfeiture as the penalty of their non-observance.</p>

<p>In Criminal Case, Court must Commit Charge to Jury to Writing and read it to tile jury, unless the defendant expressly waive his right to have it so given; and whore this is not done at the trial, the error is not cured by subsequently reducing the charge to writing.</p>

<p>Where Indictment Describes Accused as “John Do, a Yuma Mohave Indian, whose true name is to the grand jury unknown,” and the verdict set out in the transcript reads: “ We, the jury, find the defendant Que Oka Oa guilty of murder as charged in the indictment,” and there is nothing in the record to connect the party charged with the person against whom the verdict was rendered and judgment pronounced, the supreme court can not affirm the judgment of the lower court.</p> <p>Indictment Which Charges Commission oe Homicide “near Town oe Arizona City, in said county of Yuma, and territory of Arizona,” does not charge the offense to have been committed at a place within the jurisdiction of the court with, the accuracy and certainty required in criminal procedure.</p>

<p>Administrator may Maintain Possessory Action to recover real estate of liis intestate, to the possession of which the law gives him the right, without alleging in his complaint any possession or right of iiossession in the intestate.</p>

<p>Writ oe Certiorari Issues Only where Excess oe Jurisdiction has Occurred, and then only when there is no appeal.</p>

<p>District Courts have Jurisdiction oe Appeals erom Justices’ Courts ill criminal cases.</p> <p>Writ oe Certiorari can not be Invoked to review errors or mistakes, where tlie court has acted within its jurisdiction.</p>

<p>Error must be Affirmatively Shown in order to justify an appellate court in reversing a judgment.</p> <p>Appellate Court can not Determine whether Finding is Sustained by the evidence or not, where the record on appeal contains none of the evidence.</p> <p>Findings are Conclusive as to the Eacts, when no motion for a new trial has been made.</p> <p>Party Alleging Error must Point out Specifically in what the error consists, and wherein it occurred. A general allegation of error is never sufficient.</p> <p>Exceptions must be Taken at Trial in Court Below, or they can not be regarded by the supreme court.</p> <p>Right to Trial by Jury does not Exist in Equity Cases.</p>