Morris & Morris v. Files
Texas Supreme Court
Appeal from Montgomery. Tried below before the Hon. James Masterson. .David S. Files brought suit against Morris & Morris upon a written contract for the delivery of certain lumber alleged to be worth 0624.86. Plaintiff also sued out an attachment, which was, on the twenty-first of December, 1867,.levied on 20,000 feet of lumber, and upon the steam mill, fixtures, etc., the property of A. E. Morris, one of the defendants.
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Appeal from Montgomery. Tried below before the Hon. James Masterson. .David S. Files brought suit against Morris & Morris upon a written contract for the delivery of certain lumber alleged to be worth 0624.86. Plaintiff also sued out an attachment, which was, on the twenty-first of December, 1867,.levied on 20,000 feet of lumber, and upon the steam mill, fixtures, etc., the property of A. E. Morris, one of the defendants. The defendants pleaded in offset certain claims, and in recónvention damages for the wrongful and malicious suing out of the attachment, and for excessive levy of same. At…
1Opinion of the CourtWalker, J.
This was an action brought in the District Court to recover on the breach of a contract for de-. livery of a large quantity of lumber.
An attachment was sued out and levied on the sawmill, fixtures, and about twenty thousand feet of lumber, belonging to "the plaintiffs in error.
The defendants below claim damages for the wrongful and malicious suing out of the attachment, and also plead by way of set-off.
The cause coming on to trial, a motion was made by defendants on affidavit for continuance; this motion was overruled, and the judgment of the court is assigned for error.
The defendants…
2Cited by7 opinions
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- Texas & Pacific R'y Co. v. McAllisterTexas Supreme Court · 1883
- St. Louis Southwestern Railway Co. v. BowlesCourt of Appeals of Texas · 1903
- Naylor, Next Friend v. NaylorCourt of Appeals of Texas · 1910
- Gayle v. GayleCourt of Appeals of Texas · 1913
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