Gillies v. Wofford
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. This suit was brought by the appellee, Wofford, against the appellant, Gillies, for the recovery of a wagon and team belonging to the plaintiff, and purchased by the defendant from the teamster who had had the property in possession, but no authority to sell it.
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Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. This suit was brought by the appellee, Wofford, against the appellant, Gillies, for the recovery of a wagon and team belonging to the plaintiff, and purchased by the defendant from the teamster who had had the property in possession, but no authority to sell it. The petition contained no allegation of the value of the property, but an affidavit made in the suit by the plaintiff, for the purpose of obtaining a writ of sequestration, did contain an averment of the value of the property. The defendant replevied the property…
1Opinion of the CourtBell, J.
We are of opinion that the court below erred in permitting evidence of the value of the wagon and oxen to go to the jury against the objection of the counsel for the defendant, when there was no allegation of value in the plaintiff’s petition. It is contended that the affidavit of the plaintiff below, made for the purpose of obtaining the writ of sequestration, and also the replevin bond executed by the defendant below, may be looked to as equivalent to an allegation of value in the petition, and as authorizing the introduction of evidence of value, but we are not able to perceive the force…
2Cited by9 opinions
- Brown v. PetersTexas Supreme Court · 1936
- Ray v. BarringtonCourt of Appeals of Texas · 1927
- Evans v. EvansCourt of Appeals of Texas · 1923
- Hull v. DavidsonCourt of Appeals of Texas · 1894
- Stell v. PaschalTexas Supreme Court · 1874
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