Kauffman & Runge v. Babcock
Texas Supreme Court
Appeal from Webb. Tried below before the Hon. J. C. Russell. The evidence tended to show that plaintiff in this suit was running a gambling house, a saloon and variety theater, under the same roof and in connection with each other, at the time the attachment complained of was issued. The opinion states other facts.
1Opinion of the Court
Willie, Chief Justice.
The appellee sued Kauffman & Runge and Dario Gonzales, sheriff of Webb county, claiming actual and exemplary damages for wrongfully and maliciously suing out a writ of attachment and levying the same upon a stock of goods belonging to the appellee, and injuring his business reputation and credit. Kauffman & Runge answered by general denial, and also justified the seizure, and pleaded that attachment was sued out without malice and upon probable cause. Judgment was *243rendered in favor of Gonzales, but against Kauffman & Runge for ninety-three cents actual and fifteen…
2Cases cited2 opinions
- Gabel v. WeisenseeTexas Supreme Court · 1878
- Clardy v. CallicoateTexas Supreme Court · 1859
3Cited by21 opinions
- McKenzie v. CarteCourt of Appeals of Texas · 1964
- Raywood Rice, Canal & Milling Co. v. ErpTexas Supreme Court · 1912
- National Compress Co. v. HamlinTexas Supreme Court · 1925
- Commonwealth of Mass. v. DavisCourt of Appeals of Texas · 1942
- Curtis v. CareyCourt of Appeals of Texas · 1965
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