Legal Opinion

Benge v. Foster

Court of Appeals of Texas

Decided April 23, 1934No. 4209PublishedCited by 3 opinions

1Opinion of the Court

MARTIN, Justice.

A former appeal of this case is reported in (Tex. Civ. App.) 47 S.W. (2d) 862, where the facts sufficiently appear.

It is sufficient here to say that appellant’s cause of fiction was based- upon the alleged negligent approval by appellee, as district clerk, of a replevin bond executed by Arthur .Brooks as principal and W. C. McDaniel and Jim Brooks as sureties. It is alleged that neither “Arthur Brooks, W. C. McDaniel and Jim Brooks have any property in the State of Texas that he knows of or is able to find that is subject to execution.”

The only three issues answered by the…

2Cases cited5 opinions

  1. People v. MayIllinois Supreme Court · 1911
  2. Benge v. FosterCourt of Appeals of Texas · 1932
  3. Massachusetts Breweries Co. v. HermanSupreme Judicial Court of Maine · 1910
  4. Caldwell v. LamkinCourt of Appeals of Texas · 1895
  5. Wilson v. WilliamsSupreme Court of Arkansas · 1889

3Cited by3 opinions

  1. Chemical Bank & Trust Co. v. Anheuser-Busch, Inc.Supreme Court of Missouri · 1950
  2. LAMAR COUNTY ELEC. CO-OP. ASS'N v. Risinger, Texas Court of Appeals, 6th District (Texarkana)2001
  3. Lamar County Electric Cooperative Ass'n v. RisingerCourt of Appeals of Texas · 2001

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