Weir v. Brooks
Texas Supreme Court
Error from Washington. Tried below before the Hon. R. E. B. Baylor. Nov. 8th, 1852, affidavit by J. W. Brooks, before the Justice of the Peace, “ that the distress warrant now prayed for by him, is not sued out against Robert W. Smith for the purpose of “ vexing or harrassing the said Robert W. Smith.” Bond of plaintiff filed and approved same day.
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Error from Washington. Tried below before the Hon. R. E. B. Baylor. Nov. 8th, 1852, affidavit by J. W. Brooks, before the Justice of the Peace, “ that the distress warrant now prayed for by him, is not sued out against Robert W. Smith for the purpose of “ vexing or harrassing the said Robert W. Smith.” Bond of plaintiff filed and approved same day. Then followed a note dated December 16th, 1851, whereby Smith promises to pay Brooks $200 on the first day of January, 1853, “ for the rent of his place or farm ;” which the Justice of the Peace stated in his minutes, was produced to him by the…
1Opinion of the CourtLipscomb, J.
This suit was commenced by a distress warrant, issued by a Justice of the Peace, at the instance of the defendant in error, against Robert W. Smith. It was levied on a negro girl, and four hundred bushels of corn. Weir, the plaintiff in error, became bound with Smith in a replevy bond. The proceedings of the Justice of the Peace were returned to the District Court, where, after exceptions taken by the defendant, were overruled, there was a verdict against Smith, on which judgment was rendered against Smith and Weir, the plaintiff in error, for the amount found by the jury. Weir alone brings…
2Cited by6 opinions
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- Leader, Inc. v. Elder Mfg. Co.Texas Commission of Appeals · 1931
- Bolton v. SadlerTexas Commission of Appeals · 1881
- International & G. N. Ry. Co. v. Anderson CountyCourt of Appeals of Texas · 1915
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