Bradshaw v. Buchanan
Texas Supreme Court
Appeal from Busk. Tried below before the Hon. A. J. Booty. G. M. Buchanan sued J. W. and Albert Bradshaw, in the District Court of Busk county, for possession of a tract of land described in the petition, for rent, and for value of some articles of personal property alleged to have been on the premises in controversy and taken by the defendants. By amendments, it was charged that the taking by defendants was by force, wrongful, willful, and oppressive.
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Appeal from Busk. Tried below before the Hon. A. J. Booty. G. M. Buchanan sued J. W. and Albert Bradshaw, in the District Court of Busk county, for possession of a tract of land described in the petition, for rent, and for value of some articles of personal property alleged to have been on the premises in controversy and taken by the defendants. By amendments, it was charged that the taking by defendants was by force, wrongful, willful, and oppressive. Punitory damages were asked. The defendants pleaded misjoinder of actions; not guilty; and, by amendment, that defendants had abandoned the…
1Opinion of the Court
Moore, Chief Justice.
This judgment must unquestionably be reversed. There is no evidence whatever in the statement of facts calling for a charge by the court on the subject of vindictive or punitory damages, or to warrant the verdict of the jury for this character of damages. There is no evidence tending to show that appellants were actuated by malice in taking and holding the house and land, as alleged by appellee, or that they did so wantonly, or with the intent to vex, harass, injure, or oppress him. On the contrary, the evidence strongly tends to show that they were actuated by no such…
2Cited by11 opinions
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