Longcope v. Bruce
Texas Supreme Court
Appeal from Colorado. Tried below before the Hon. Livingston Lindsay. August 23, 1870, J. S. Bruce sued O. S. Longcope and Wm. M. Smith, sheriff of Colorado county, and bis sureties for damages, in that Smith, at the instance of Longcope, had, on 19th March, 1870, seized a stock of medicines, goods, and merchandise, the property of petitioner and one A. J. Wynn, under an execution in favor of Longcope and against one W. L. Wynn.
Read the full summary
Appeal from Colorado. Tried below before the Hon. Livingston Lindsay. August 23, 1870, J. S. Bruce sued O. S. Longcope and Wm. M. Smith, sheriff of Colorado county, and bis sureties for damages, in that Smith, at the instance of Longcope, had, on 19th March, 1870, seized a stock of medicines, goods, and merchandise, the property of petitioner and one A. J. Wynn, under an execution in favor of Longcope and against one W. L. Wynn. Smith answered that he had levied on the goods as the property of W. L. Wynn, defendant in execution, and that he had been indemnified by Longcope and his surety, A.…
1Opinion of the Court
Ireland, Associate Justice.
Bruce alleged that A. J. Wynn was part owner of the stock of goods levied on by the sheriff, and asked that he be made a party plaintiff. Wynn came in by proper plea and the cause progressed in the name of Bruce and Wynn until the rendition of the judgment, and then we find Bruce alone recovering. Appellee, when on the witness stand testified “ that he owned, one-half of the goods levied on, and that A. J. Wynn was the owner of the other half.”
The judgment however is in favor of Bruce alone, and the cause does not appear to have been disposed of in any way so far as…
2Cases cited5 opinions
- Hall v. JacksonTexas Supreme Court · 1848
- Claiborne v. TannerTexas Supreme Court · 1856
- Parker v. BeaversTexas Supreme Court · 1857
- Thompson v. ThompsonTexas Supreme Court · 1854
- Warren v. Wallis, Landes & Co.Texas Supreme Court · 1873
3Cited by9 opinions
- Moore v. MooreTexas Supreme Court · 1887
- Cabell v. Hamilton Brown Shoe CompanyTexas Supreme Court · 1891
- Waco Cement Stone Works v. SmithCourt of Appeals of Texas · 1913
- Erwin v. BowmanTexas Supreme Court · 1879
- B. C. Evans Co. v. Reeves & McGlassonCourt of Appeals of Texas · 1894
4 more not listed; retrieve them via the Exa API.