Tompkins v. Toland
Texas Supreme Court
Error from Washington. Tried below before Hon.T. B. McFarland. August 24, 1866, Emily Toland, administratrix of the estate of Joseph Toland, brought suit against J. L. Tompkins and his sureties on a sequestration bond, for wrongfully and maliciously suing out a writ of sequestration, under which fifty-two bales of cotton, the property of said estate, had been seized, on November 10, 1865, which was released April 4, 1866. Damages, actual and punitory, claimed at $10,000. The…
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Error from Washington. Tried below before Hon.T. B. McFarland. August 24, 1866, Emily Toland, administratrix of the estate of Joseph Toland, brought suit against J. L. Tompkins and his sureties on a sequestration bond, for wrongfully and maliciously suing out a writ of sequestration, under which fifty-two bales of cotton, the property of said estate, had been seized, on November 10, 1865, which was released April 4, 1866. Damages, actual and punitory, claimed at $10,000. The pleadings on the part of plaintiff, in addition to alleging special damage in the decreased price of the cotton, and…
1Opinion of the Court
Moore, Associate Justice.
The court did not err in holding that the sureties in the sequestration bond might be joined in an action with the principal, for the recovery of damages for the wrongful suing out the writ, without a breach of the bond by the principal having been previously judicially ascertained. This construction of the obligation is believed to be to the advantage of the sureties as well as the obligee, and certainly the obligor has no good ground for objecting to it. The construction contended for by the plaintiff’s counsel would occasion a circuity of action, delaying and…
2Cases cited5 opinions
- Francis v. NorthcoteTexas Supreme Court · 1851
- Herndon v. ForneySupreme Court of Alabama · 1842
- Ponton v. BellowsTexas Supreme Court · 1859
- Park v. CaseyTexas Supreme Court · 1872
- Martel v. MartelTexas Supreme Court · 1856
3Cited by6 opinions
- Fort Worth & Denver City Railway Co. v. GreathouseTexas Supreme Court · 1891
- Gray v. PhillipsCourt of Appeals of Texas · 1909
- Houston & Texas Central Railroad v. PatrickCourt of Appeals of Texas · 1908
- Jordan v. v. & A. Meyer & Co.Texas Supreme Court · 1897
- Latham v. StateCourt of Criminal Appeals of Texas · 1914
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