O'Neal v. Wills Point Bank
Texas Supreme Court
Appeal from Van Zandt. Tried below before the Hon. Felix J. McCord. The appellants, plaintiffs below, brought this suit to restrain the sale, under attachment and order of sale, of certain cattle owned by appellant O’Neal, for the following reasons, to wit: 1st. Because said cattle were in the custody of the law, and not subject to said attachment. 2d. Because no valid levy had been made on said cattle or a portion of them by said attachment. 3d.
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Appeal from Van Zandt. Tried below before the Hon. Felix J. McCord. The appellants, plaintiffs below, brought this suit to restrain the sale, under attachment and order of sale, of certain cattle owned by appellant O’Neal, for the following reasons, to wit: 1st. Because said cattle were in the custody of the law, and not subject to said attachment. 2d. Because no valid levy had been made on said cattle or a portion of them by said attachment. 3d. Because a portion of said cattle were exempt from forced sale to appellant O’Neal as the head of a family. The defendant answered by general…
1Opinion of the Court
Willie, Chief Justice.
The principal complaint of the appellants is that the court erred in sustaining a general demurrer to a portion of their cause of action, whilst it was overruled as to the balance. We are not prepared to say that this ruling was incorrect in view of the fact that an injunction as to a portion of the cattle was asked upon a ground which the court thought was tenable; *646and, as to the remainder, upon grounds which the court thought were not. But admitting, for the purposes of this case, that the demurrer should have been overruled because good grounds were shown in the…
2Cited by4 opinions
- Bond v. Kirby Lumber Co.Court of Appeals of Texas · 1927
- Munger Oil & Cotton Co. v. BeckhamTexas Commission of Appeals · 1921
- Bordages v. BurnettCourt of Appeals of Texas · 1920
- Beckham v. Munger Oil & Cotton Co.Court of Appeals of Texas · 1918