Legal Opinion

Miller & English v. Jannett & Franke

Texas Supreme Court

Decided January 20, 1885No. Case No. 1882PublishedCited by 21 opinions

„ Appeal from Burleson. Tried below before the Hon. I. B. McFarland. Jannett & Fran lie brought this suit in the district court of Burleson county against Miller & English and S. G. Wilson, for damages, actual and exemplary, for an alleged unlawful seizure and conversion of certain personal property claimed by the plaintiffs. The case was tried by a jury, and resulted in a verdict and judgment for the plaintiffs for $846.97 actual and $500 exemplary damages.

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„ Appeal from Burleson. Tried below before the Hon. I. B. McFarland. Jannett & Fran lie brought this suit in the district court of Burleson county against Miller & English and S. G. Wilson, for damages, actual and exemplary, for an alleged unlawful seizure and conversion of certain personal property claimed by the plaintiffs. The case was tried by a jury, and resulted in a verdict and judgment for the plaintiffs for $846.97 actual and $500 exemplary damages. Jannett & Franke claimed the goods under a bill of sale from E. O. Jannett and wife, dated December 18, 1882. The defendants justified…

1Opinion of the Court

Willie, Chief Justice.

We do not think that the ruling of the court, complained of in the second assignment of error, is erroneous. The invoice book does not seem to have been introduced as evidence, but for the purpose of refreshing the memory of the plaintiff Franke as to the kind of goods seized by the sheriff, and their value. He seems to have known that the list contained in the invoice was correct, and to have attached his valuation to each article in it. Although the prices attached might not have been admissible, if no more was shown than that they were the purchase prices with…

2Cases cited3 opinions

  1. Sabine & E. T. R'y Co. v. JoachimiTexas Supreme Court · 1883
  2. Texas & St. Louis R. R. Co. v. YoungTexas Supreme Court · 1883
  3. Tucker v. HamlinTexas Supreme Court · 1883

3Cited by21 opinions

  1. Hamburg v. O. P. Wood & Co.Texas Supreme Court · 1886
  2. Waggoner v. ZundelowitzTexas Commission of Appeals · 1921
  3. Seay v. FennellCourt of Appeals of Texas · 1897
  4. Southwest Bank & Trust Co. v. Executive Sportsman Ass'nCourt of Appeals of Texas · 1972
  5. Anderson v. SloaneWisconsin Supreme Court · 1888

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