Legal Opinion

Continental Gin Co. v. Thorndale Mercantile Co.

Texas Commission of Appeals

Decided October 17, 1923No. 450-3835PublishedCited by 23 opinions

Error to Court of Civil Appeals of Ninth Supreme Judicial District. Action by the Continental Gin Company against the Redville Gin Company and another. Order denying motion of defendant Thorndale Mercantile Company, and the sureties on its bond for replevin of the property sequestered, that judgment against them on the bond be discharged, was reversed by the Court of Civil Appeals (241 S. W. 260), and plaintiff brings error.

1Opinion of the CourtGadlagher, P. J.

The Continental Gin Company, plaintiff in error, sued the Red-ville Gin Company for debt and foreclosure of mortgage on certain ginning machinery and equipment and on the land on which the same was situated and operated. The Thorn-dale Mercantile Company, one of the defendants in error, was in possession of the property at the time and was duly made a party defendant. The Continental Gin Company sued out a writ of sequestration and caused the same to be levied by the sheriff of Milam county upon the mortgaged property. The Mercantile Company replevied the property. On the trial of the cause…

2Cases cited10 opinions

  1. Texas Trunk Railway Co. v. Jackson Bros.Texas Supreme Court · 1893
  2. Waples-Platter Grocer Co. v. Texas and Pacific Railway Co.Texas Supreme Court · 1902
  3. Mills v. HackettTexas Supreme Court · 1886
  4. Thorndale Mercantile Co. v. Continental Gin Co.Court of Appeals of Texas · 1919
  5. Texas Co. v. Charles Clark CompanyTexas Supreme Court · 1922

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3Cited by23 opinions

  1. Universe Life Insurance Co. v. Giles, Texas Court of Appeals, 6th District (Texarkana)1998
  2. Dixie Gas & Fuel Co. v. JacobsCourt of Appeals of Texas · 1933
  3. McHone v. GibbsTexas Supreme Court · 1971
  4. Hays v. Department of Public SafetyCourt of Appeals of Texas · 1957
  5. Scott v. G. W. Waldrop & Co.Court of Appeals of Texas · 1928

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