Harman v. Lawler
Texas Supreme Court
Appeal from Cameron. Tried below before the Hon. E. Basse. This was a proceeding, by motion, filed by Isaac Harman, in the District Court of Cameron county, April 1st, 1869. It alleged that, in January, 1861, R. J. Lawler & Co. commenced an attachment suit in the same court against E. Karpelos, and Manuel Trevino & Co., also commenced an attachment suit against E. Karpelos, under which a levy was made on certain goods.
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Appeal from Cameron. Tried below before the Hon. E. Basse. This was a proceeding, by motion, filed by Isaac Harman, in the District Court of Cameron county, April 1st, 1869. It alleged that, in January, 1861, R. J. Lawler & Co. commenced an attachment suit in the same court against E. Karpelos, and Manuel Trevino & Co., also commenced an attachment suit against E. Karpelos, under which a levy was made on certain goods. That this plaintiff thereupon brought a suit against said parties, to sequester the said goods, claiming them as his property, and gave bond; the sequestration issued and the…
1Opinion of the CourtWalker, J.
In 1861 the plaintiff brought suit against the defendants in the District Court of Cameron county. In 1869' his suits, which were Nos. 684 and 688, were dismissed for want of prosecution.
At a subsequent term he moved the court to reinstate the cases on the docket, and to supply lost papers. The court overruled the motion, and this ruling is supposed by appellant to be erroneous.
The cases of Merle v. Andrews, 4 Texas, 211, Caperton v. Wanslow, 18 Texas, 125, and Houston v. Jennings, 12 Texas, 487, are conclusive of the law and practice of this court on questions of this kind, and stand against…
2Cases cited3 opinions
- Caperton v. WanslowTexas Supreme Court · 1856
- Houston v. JenningsTexas Supreme Court · 1854
- Long v. AndersonTexas Supreme Court · 1849