Legal Opinion

Heidenheimer v. J. H. Johnson & Co.

Texas Supreme Court

Decided February 11, 1890No. 2734PublishedCited by 10 opinions

Appeal from Washington. Tried below before Hon. John Alexander, Special District Judge. December 2, 1884, appellant I. Heidenheimer brought suit by attachment in the District Court of Washington County against Charles Wenar &■ Go. for the recovery of certain sums of money alleged to be owing to him by them, and caused a writ of attachment to be levied upon the stock of goods, wares, and merchandise belonging to Charles Wenar & Co., situated in their store in the city of…

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Appeal from Washington. Tried below before Hon. John Alexander, Special District Judge. December 2, 1884, appellant I. Heidenheimer brought suit by attachment in the District Court of Washington County against Charles Wenar &■ Go. for the recovery of certain sums of money alleged to be owing to him by them, and caused a writ of attachment to be levied upon the stock of goods, wares, and merchandise belonging to Charles Wenar & Co., situated in their store in the city of Brenham. The property attached was sold prior to judgment by order of the judge, made in chambers, and the net proceeds of…

1Opinion of the Court

GAINES, Associate Justice.

This case was before this court at a former term, and the decision is reported in 65 Texas, 263. That report shows the nature of the litigation. After the cause was remanded it came on for trial before a jury and resulted in a verdict and judgment for the intervenors. From that judgment the plaintiff prosecutes this appeal.

The appellant's third and fourth assignments of error are presented together, and call in question the correctness of the judgment upon the following grounds:

“ 1. Because there was no evidence outside of the verdict upon which the court should have…

2Cases cited2 opinions

  1. Peticolas v. CarpenterTexas Supreme Court · 1880
  2. J. H. Johnson & Co. v. HeidenheimerTexas Supreme Court · 1886

3Cited by10 opinions

  1. Phillips Petroleum Co. v. Stahl Petroleum Co.Texas Supreme Court · 1978
  2. Isbell v. Kenyon-Warner Dredging Co.Texas Supreme Court · 1924
  3. Weber v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1915
  4. Smith v. Moore.Supreme Court of North Carolina · 1906
  5. International & Great Northern Railway Co. v. Dimmit County Pasture Co.Court of Appeals of Texas · 1893

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