Hays v. Creary
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. A. S. Walker. On December 2, 1881, appellant brought suit against Creary and his sureties on his official bond as sheriff, to recover 010,000 damages for false imprisonment, etc. Appellees answered by general and special exceptions, and general denial. On the trial the special exceptions were sustained to the petition, but as the defects were cured by trial amendment that ruling will not be considered.
Read the full summary
Appeal from Travis. Tried below before the Hon. A. S. Walker. On December 2, 1881, appellant brought suit against Creary and his sureties on his official bond as sheriff, to recover 010,000 damages for false imprisonment, etc. Appellees answered by general and special exceptions, and general denial. On the trial the special exceptions were sustained to the petition, but as the defects were cured by trial amendment that ruling will not be considered. The trial resulted in a verdict and judgment for appellees, from which this appeal was taken. The only error assigned that is deemed material…
1Opinion of the Court
Watts, J. Com. App.
This was an action to recover damages for false imprisonment. It appears from the record that appellant was arrested by a deputy sheriff of Travis county and confined in the county jail, by virtue of a capias issued by the clerk of the county court of Falls county, directed to the sheriff or any constable of Travis county, commanding the arrest, etc., of Scott Myans, on a charge of aggravated assault and battery. Appellant after remaining in jail about four days was released on habeas corpus. It very clearly appears from the evidence that he was not the person named in the…
2Cases cited1 opinion
- Bonnell v. EsterlyWisconsin Supreme Court · 1872
3Cited by20 opinions
- West v. CabellSupreme Court of the United States · 1894
- Wolf v. PerrymanTexas Supreme Court · 1891
- Filer v. SmithMichigan Supreme Court · 1893
- King v. BrownTexas Supreme Court · 1906
- Davis v. Klevenhagen, Texas Court of Appeals, 14th District (Houston)1998
15 more not listed; retrieve them via the Exa API.