Siddall v. Thomas Goggan & Brother
Texas Supreme Court
Appeal from Bosque. Tried below before the Hon. J. M. Hall. This suit was brought by the appellees, Thos. Goggan & Bro., against H. M. Dillard to recover the value of a piano and rent for the same. The property was sequestered by the plaintiff.
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Appeal from Bosque. Tried below before the Hon. J. M. Hall. This suit was brought by the appellees, Thos. Goggan & Bro., against H. M. Dillard to recover the value of a piano and rent for the same. The property was sequestered by the plaintiff. The appellants, S. J. Siddall and J. J. Lumpkin, became the sureties on the replevy bond filed by Dillard and sought to make themselves parties defendant to the suit, setting up that an agreement between plaintiff’s attorney and Dillard had been filed in the cause, by which it was agreed that all answers of Dillard should be withdrawn, “that the…
1Opinion of the Court
Acker, Judge.
The record discloses no objection to the añida-' vit, bond or writ of sequestration, and we confine our conclusions to the questions raised by the assignment of errors. The first and second grounds of error assigned relate to the ruling of the court in striking out the exceptions and answers of appellants to the “agreement and confession of judgment” entered into by appellees and Dillard, and which had been filed in the case on the eighth day of August, 1885. It is insisted by appellants that their answers showed “fraud and collusion” between appellees and Dillard, the defendant…
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