Marx & Kempner v. Heidenheimer Bros.
Texas Supreme Court
Appeal from Falls. Tried below before the Hon. James M. Anderson, Special Judge. On the 11th day of June, 1879, the appellees recovered a judgment in the county court of Galveston county against William Heiling for $392.67. An execution was issued thereon to Falls county, and on the 21st of July, 1879, levied upon merchandise, groceries, etc., as the property of Heiling, which were valued by the sheriff at $667 on the day of levy.
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Appeal from Falls. Tried below before the Hon. James M. Anderson, Special Judge. On the 11th day of June, 1879, the appellees recovered a judgment in the county court of Galveston county against William Heiling for $392.67. An execution was issued thereon to Falls county, and on the 21st of July, 1879, levied upon merchandise, groceries, etc., as the property of Heiling, which were valued by the sheriff at $667 on the day of levy. The appellants claimed the property and made affidavit and bond to try the right thereto, and delivered the same to the officer, who delivered the property to the…
1Opinion of the Court
Watts, J. Com. App.
Those assignments of error which question the manner in which the papers in the cause were filed in the *306district court, and the delay in getting the case before that court, do not call for consideration and determination. After the cause was transferred to and filed in the district court, appellants appeared and demanded a jury, and agreed that the cause might be set down for trial on a day named.
Having appeared and recognized it as a pending cause, appellants could not afterwards be heard in limine, to question the manner in which the case came into court.
There was no…
2Cases cited2 opinions
- Mills v. HerndonTexas Supreme Court · 1883
- Scott v. AlfordTexas Supreme Court · 1880
3Cited by15 opinions
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- State Ex Rel. Sutherland v. PeaseCourt of Appeals of Texas · 1912
- Wade v. LoveTexas Supreme Court · 1888
- St. Louis S.W. Ry. Co. of Texas v. BishopCourt of Appeals of Texas · 1927
- Allen v. Farm & Home Savings & Loan Ass'n of MissouriCourt of Appeals of Texas · 1933
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