Paxton v. Boyce
Texas Supreme Court
Appeal from Bowie County. The following are the material facts of this case, as disclosed by the record. Bojme, the appellee, had sued one Shule in the district court, and at the fall term, 1841, obtained a verdict which was set aside by the court on the affidavit of the defendant.
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Appeal from Bowie County. The following are the material facts of this case, as disclosed by the record. Bojme, the appellee, had sued one Shule in the district court, and at the fall term, 1841, obtained a verdict which was set aside by the court on the affidavit of the defendant. At the spring term, 1843, Boyce, on leave given him by the court, amended by filing a new petition, and bad a verdict and judgment on which execution issued, and was levied on a negro woman and her child as the property of Shule, the defendant in execution. The property was claimed by the appellant, Paxton, who…
1Opinion of the CourtLipscomb, J.
Proceedings similar to those had in this suit, on a claim of property levied on by execution, came before this court at the present term, in the case of Bennett and wife against Gamble, administrator of Bicherson; and we then ruled that they were irregular, and not in conformity with the statute regulating the mode of trying the right of property in such cases. We did not say that if the proper issue was substantially formed in this way that the departure from the practice contemplated by the statute would, of itself, be a sufficient ground for setting aside the proceedings and reversing the…
2Cited by16 opinions
- Ley v. Metropolitan Life InsuranceSupreme Court of Iowa · 1903
- Langford v. El Paso Baking Co.Court of Appeals of Texas · 1927
- Bibby v. BibbyCourt of Appeals of Texas · 1938
- Crosby v. ArdoinCourt of Appeals of Texas · 1912
- City of Corpus Christi v. GreggCourt of Appeals of Texas · 1954
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