Legal Opinion

Russell v. Hamilton

Court of Appeals of Texas

Decided February 18, 1915No. 1421PublishedCited by 7 opinions

Appeal from District Court, Titus County; W. T. Armstead, Judge. Action by Joe Hamilton and another against C. L. Russell. Judgment for plaintiffs on demurrer to the answer, and defendant 'appeals.

1Opinion of the CourtLevy, J.

Joe Hamilton sued appellant for $92.15 and to foreclose an alleged vendor’s lien on real estate. It was averred that the sum of money was the balance due and unpaid on the voluntary sale of plaintiff’s homestead. Appellant made defense, among other things, in the nature of estoppel, that a writ of garnishment was served upon him issuing out of the justice court on a judgment in favor of B. I. Lazarus against Joe Hamilton, and that, upon the service of the writ, appellant notified Hamilton and requested him to make answer setting up his exemption to the funds, and that Hamilton agreed to do…

2Cases cited4 opinions

  1. Missouri Pacific Railway Co. v. WhipskerTexas Supreme Court · 1890
  2. Iglehart v. MooreTexas Supreme Court · 1858
  3. Johnson v. HallCourt of Appeals of Texas · 1913
  4. Alvord National Bank v. FergusonCourt of Appeals of Texas · 1910

3Cited by7 opinions

  1. Evans v. MillsCourt of Appeals for the Fifth Circuit · 1933
  2. Armour Fertilizer Works v. SandersCourt of Appeals for the Fifth Circuit · 1933
  3. Williams v. Corpus Christi Bank & Trust Co.Court of Appeals of Texas · 1937
  4. Ingram v. SummersCourt of Appeals of Texas · 1930
  5. Smith v. Security Inv. Co.Court of Appeals of Texas · 1929

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