Legal Opinion

Mayer, Kahn & Freiberg v. Walker

Texas Supreme Court

Decided November 13, 1891No. 3174PublishedCited by 3 opinions

This is an appeal from a judgment for $1120.10 and costs, recovered by appellee for damages against appellants for seizing under attachment a stock of goods in a suit by them against E. M. Walker and appellee. The facts are set out in the opinion.

1Opinion of the Court

STAYTON, Chief Justice.

Appellants brought an action against E. M. and A. C. Walker on a promissory note signed “E. M. Walker,” alleging that the defendants were partners doing business under that name, and in that action they sued out a writ of attachment that was levied on a stock of liquors as the property of the firm, which during the pendency of the action was sold as perishable property. A. C. Walker denied the .partnership under oath, but subsequently both defendants withdrew their answers; whereupon the action was dismissed as to A. C. Walker and judgment was taken against E. M. Walker…

2Cases cited3 opinions

  1. Ayers v. HarrisTexas Supreme Court · 1890
  2. Watson v. Blymer Manufacturing Co.Texas Supreme Court · 1886
  3. San Antonio & Aransas Pass Railway Co. v. RobinsonTexas Supreme Court · 1891

3Cited by3 opinions

  1. Livestock Feeder Company v. FewCourt of Appeals of Texas · 1965
  2. Day v. Van Horn Trading Co.Court of Appeals of Texas · 1916
  3. Weld-Neville Cotton Co. v. LewisCourt of Appeals of Texas · 1918

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