Loftus v. Maxey
Texas Supreme Court
Appeal from Harris. Tried below before Hon. James Masterson. This is an appeal from a judgment for $350 and costs rendered in favor of John and Sallie Maxey against appellants Thomas and Martin Loftus and Mose Whitely upon a cause of action stated in the petition substantially as follows: “That about the 12th of August, 1887, Thomas F. Loftus, Martin Loftus, and Mose Whitely did act together and enter by force and violence the home of plaintiffs without their consent, when…
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Appeal from Harris. Tried below before Hon. James Masterson. This is an appeal from a judgment for $350 and costs rendered in favor of John and Sallie Maxey against appellants Thomas and Martin Loftus and Mose Whitely upon a cause of action stated in the petition substantially as follows: “That about the 12th of August, 1887, Thomas F. Loftus, Martin Loftus, and Mose Whitely did act together and enter by force and violence the home of plaintiffs without their consent, when Sallie Maxey and her daughter were alone and without protection. Having so entered they falsely and maliciously…
1Opinion of the Court
Henry, Associate Justice.—
Appellees are husband and wife. They were plaintiffs in the District Court, and sue for damages, actual and exemplary, alleging in their petition that appellants, Thomas F. Loftus, Martin H. Loftus, and Mose Whitley, acting in concert, forcibly entered their house in the absence of the husband and against the will of appellees removed therefrom certain household furniture, at the same time assaulting and threatening the said Sallie.
Defendants pleaded not guilty, and that T. F. Loftus, as" a member of the firm of Clark & Loftus, had rented the property removed to…
2Cited by18 opinions
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- Singer Sewing Machine Co. v. RiosTexas Supreme Court · 1903
- Arant v. JaffeCourt of Appeals of Texas · 1968
- Shell Petroleum Corp. v. Liberty Gravel & Sand Co.Court of Appeals of Texas · 1939
- Texas Auto Co. v. ClarkCourt of Appeals of Texas · 1928
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