Kellers v. Reppien
Texas Supreme Court
Error from Galveston. This was an action originating in a Justice’s Court, and commenced by attachment. Tlic demand on which the attachment issued was as follows: “ Mr. Carl Reppien to John Kellers, Dr. “ For one gold watch and chain to yon delivered for repair, and “ not returned, but wrongfully detained,.$100 00.” Tho demand, mentioned in the citation issued at the same time with the attachment, was as follows: “To answer the complaint exhibited against him by John…
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Error from Galveston. This was an action originating in a Justice’s Court, and commenced by attachment. Tlic demand on which the attachment issued was as follows: “ Mr. Carl Reppien to John Kellers, Dr. “ For one gold watch and chain to yon delivered for repair, and “ not returned, but wrongfully detained,.$100 00.” Tho demand, mentioned in the citation issued at the same time with the attachment, was as follows: “To answer the complaint exhibited against him by John Kellers, plaintiff, “suing to recoyer one hundred dollars for the wrongful detention and “conversion by said Reppien of a,…
1Opinion of the CourtLipscomb, J.
The objections of the appellant upon which he seeks to reverse the judgment of the District Court in this case are all predicated upon the supposition that the suit is for trover and conversion, and that the evidence is such as shows it to be a bailment. The objections to the refusal to quash the attachment, to the evidence, to the charge of the court, and to the verdict are all rested upon that predicate. If this suit had been instituted in the District Court, and it had been subjected to the common-law forms, where the distinction between the different forms of action are strictly guarded…
2Cited by5 opinions
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