O'Neil v. Wills Point Bank
Texas Supreme Court
Appeal from Van Zandt. Tried below before the Hon. Felix J. McCord. Suit brought by Wills Point Bank against John A. O’Neal, September 21, 1882, for debt of six hundred and eighty-two dollars- and fifty cents; attachments were sued out against defendant and levied on his property.
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Appeal from Van Zandt. Tried below before the Hon. Felix J. McCord. Suit brought by Wills Point Bank against John A. O’Neal, September 21, 1882, for debt of six hundred and eighty-two dollars- and fifty cents; attachments were sued out against defendant and levied on his property. The defendant answered, admitting the debt sued for, and pleaded in offset and recouveution, actual damages, two. thousand six hundred and fifty-two dollars and sixty cents, value of property levied on and converted by plaintiffs, besides two hundred dollars deterioration in value of green hides levied on, and ten…
1Opinion of the Court
Stayton, Associate Justice.
The attachment in this case was based on an affidavit which alleged that the defendant was about to remove his property, or a part of it, out of "the county in which the action was brought, with intent to defraud his creditors.
The defendant died, and the cause is defended by his representative, who, in reconvention, seeks to recover damages actual and exemplary.
Whether the attachment was wrongfully sued out was fairly submitted to the jury, and their finding, in effect, that’ it was not, is not wanting in evidence to sustain it.
It is claimed in the brief of counsel…
2Cited by10 opinions
- Hewitt v. BuchananCourt of Appeals of Texas · 1927
- Southwest Bank & Trust Co. v. Executive Sportsman Ass'nCourt of Appeals of Texas · 1972
- Walker v. Texas & New Orleans RailroadCourt of Appeals of Texas · 1908
- Continental Ins. Co. of New York v. NaborsCourt of Appeals of Texas · 1928
- Rohrbough v. Leopold Bros. & Co.Texas Supreme Court · 1887
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