Legal Opinion

Schmick v. Noel

Texas Supreme Court

Decided July 1, 1885No. Case No. 5537PublishedCited by 23 opinions

Appeal from Eastland. Tried below before the Hon. T. B. Wheeler. The opinion states the case, except so much as relates to the witness Simerl. The fact was sought to be established by that witness that the plaintiff had secreted himself to avoid the service of process to take his answers to interrogatories.

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Appeal from Eastland. Tried below before the Hon. T. B. Wheeler. The opinion states the case, except so much as relates to the witness Simerl. The fact was sought to be established by that witness that the plaintiff had secreted himself to avoid the service of process to take his answers to interrogatories. It appears from the record that defendants had offered to prove that the plaintiff had locked himself up in a room of his boarding house to avoid the service of process to take his depositions in answer to interogatories propounded to him by defendant, Simerl being the officer seeking to…

1Opinion of the Court

Stayton, Associate Justice.—

N. W. Noel brought suit the 7th of December, 1884, against James K. Schtnick, sheriff of Eastland county, and his sureties, for §3,000, for the wrongful conversion of his goods. January 8, 1884, defendants answered, the cause was continued, and, at tne June term thereafter, T. Batto & Co., of Galveston, and Thomas Bandall & Nephews, of Dallas, by permission of the court, intervened as defendants, filing an answer substantially the same as the original defendants. The answers consist of general and special demurrers, general denial, and a plea justifying the seizure…

2Cited by23 opinions

  1. O'Connor v. AndrewsTexas Supreme Court · 1891
  2. Harrison v. OrrTexas Commission of Appeals · 1927
  3. Holt v. GuerguinTexas Supreme Court · 1914
  4. Schmitz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1893
  5. Beville v. JonesTexas Supreme Court · 1889

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