Legal Opinion

Tucker v. Hamlin

Texas Supreme Court

Decided October 16, 1883No. Case No. 1408-4497PublishedCited by 29 opinions

Appeal from Williamson. Tried below before the Hon. W. A. Blackburn. Suit by the appellee against appellants for damages for the seizure and conversion of a stock of liquors valued at $1,005.96, and claimed by defendant as his property.

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Appeal from Williamson. Tried below before the Hon. W. A. Blackburn. Suit by the appellee against appellants for damages for the seizure and conversion of a stock of liquors valued at $1,005.96, and claimed by defendant as his property. The petition contained allegations of malice on the part of the defendants in the seizure and conversion of the property, and prayed for actual and exemplary damages amounting to $3,125.69. To this petition the defendants answered, admitting the seizure of the property, and alleging that Tucker, as sheriff of Williamson county, under the direction of the other…

1Opinion of the Court

Willie, Chief Justice.

This was a suit by the appellee against J. M. Tucker, sheriff of Williamson county, and his co-defendants to recover damages for the alleged unlawful seizure and conversion of a stock of liquors and other articles claimed by the appellee to be his property. One of the issues for the jury to determine was the amount of damages the plaintiff below was entitled to recover in case he succeeded in the action. The measure of such damages has been well settled by the decisions of this court to be the value of the goods seized at the place of seizure on the day of conversion,…

2Cases cited3 opinions

  1. Wallace & Co. v. FinbergTexas Supreme Court · 1876
  2. Blum v. MerchantTexas Supreme Court · 1883
  3. Humphries v. FreemanTexas Supreme Court · 1858

3Cited by29 opinions

  1. Swank v. ElwertOregon Supreme Court · 1910
  2. Smyth v. CaswellTexas Supreme Court · 1887
  3. Schoolher, Bernstein & Co. v. HutchinsTexas Supreme Court · 1886
  4. Fort Worth & D. S. P. Ry. Co. v. GilmoreCourt of Appeals of Texas · 1928
  5. Miller & English v. Jannett & FrankeTexas Supreme Court · 1885

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