Legal Opinion

Speer v. Allen

Court of Appeals of Texas

Decided January 28, 1911Published

Appeal from District Court, Johnson County; O. L. Lockett, Judge. Action by Eva Allen against R. M. Speer. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtTalbot, J.

This suit was brought by the appellee against appellant to recover damages for malicious prosecution. The petition alleges, in substance, that the appellant made an affidavit on the 12th day of December, 1905, before Mason Cleveland, the then county attorney of Johnson county, Tex., charging appellee with the offense of unlawfully and fraudulently disposing of certain personal property, without appellant’s consent, upon which she had given appellant a mortgage in writing to secure him in the payment of a debt owing by appellee to appellant. The petition further alleges that the prosecution so…

2Cases cited4 opinions

  1. Richardson v. Washington & Costley Bros.Texas Supreme Court · 1895
  2. Sebastian v. CheneyTexas Supreme Court · 1894
  3. Houston & T. C. R. R. Co. v. WillieTexas Supreme Court · 1880
  4. Little v. RichCourt of Appeals of Texas · 1909

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