Legal Opinion

Porter v. Miller

Texas Supreme Court

Decided July 1, 1852PublishedCited by 11 opinions

Appeal from Victoria. This was an action for the recovery of a slave named George, the separate property of the appellant Persia A. Porter, wife •of her coappellant John T. Porter. 'The plaintiffs prayed judgment for the said slave, and damages for his detention, for a sequestration^ and also for general relief. The negro was drowned while in possession of the defendant, during the pendency of the suit, and the fact was set up by an amendment to the defendant’s answer.

Read the full summary

Appeal from Victoria. This was an action for the recovery of a slave named George, the separate property of the appellant Persia A. Porter, wife •of her coappellant John T. Porter. 'The plaintiffs prayed judgment for the said slave, and damages for his detention, for a sequestration^ and also for general relief. The negro was drowned while in possession of the defendant, during the pendency of the suit, and the fact was set up by an amendment to the defendant’s answer. The plaintiff Persia claimed under a deed of trust, by which certain notes ■and bonds, and the moneys to be collected…

1Opinion of the Court

Hemphill, Ch. J.

In determining upon the effect of the death or destruction of a specific chattel pending a suit for its recovery, we experience the difficulty arising as well from a conflict between the authorities accessible to the -court as upon the fact that in one of the cases the effect of the loss of the ■chattel is made to depend upon the form of action instituted by the plaintiff. That is to say, that if the action be in detinue, there maybe cases in which the defendant will be exonerated .from responsibility by the annihilation of the chattel; but if in trover, the loss can have no…

2Cases cited1 opinion

  1. Carrel v. EarlyCourt of Appeals of Kentucky · 1815

3Cited by11 opinions

  1. P. J. Willis & Bro. v. MorrisTexas Supreme Court · 1886
  2. Employer's Reinsurance Corp. v. BrockCourt of Appeals of Texas · 1934
  3. Irvin v. BevilTexas Supreme Court · 1891
  4. Wasson v. HarrisCourt of Appeals of Texas · 1918
  5. McDaniel v. Cage CrowCourt of Appeals of Texas · 1918

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API