Carothers v. McIlhenny Co.
Texas Supreme Court
Appeal from Milam. Tried below before the Hon. H. D. Prendergast, Special Judge. This was a suit brought by L. W. Carothers, in Milam county, against the Mcllhenny Company, a corporation doing business in Harris county, and E. G. James, B. S. Billows and W. B. Walker, citizens of Travis county, as sureties on the attachment bond of said corporation, for the recovery of about $62,377.53 as actual and exemplary damages for the alleged wrongful and malicious suing out by said…
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Appeal from Milam. Tried below before the Hon. H. D. Prendergast, Special Judge. This was a suit brought by L. W. Carothers, in Milam county, against the Mcllhenny Company, a corporation doing business in Harris county, and E. G. James, B. S. Billows and W. B. Walker, citizens of Travis county, as sureties on the attachment bond of said corporation, for the recovery of about $62,377.53 as actual and exemplary damages for the alleged wrongful and malicious suing out by said Mcllhenny Company, levy of and sale under an attachment of plaintiff’s stock of goods. The attachment complained of was…
1Opinion of the Court
Walker, P. J. Com. App.
It is assigned as error that the court erred in the first and sixth paragraphs of the charge. The first is as follows: “ If the attachment was wrongfully sued out and without probable cause, then the Mcllhenny Company and the sureties on the attachment bond are liable for the actual damages sustained by the plaintiff by the issuance and levy of the attachment.” This proposition is incorrect in this, that if the attachment was wrongfully sued out upon a ground that was untrue, the plaintiff would be entitled to recover damages, even though there existed probable cause…
2Cases cited8 opinions
- Breen v. Texas & Pacific Railway Co.Texas Supreme Court · 1875
- Culbertson v. CabeenTexas Supreme Court · 1867
- Raleigh & Heidenheimer Bros. v. CookTexas Supreme Court · 1883
- Hubbard v. LordTexas Supreme Court · 1883
- S. Jacobs, Bernheim & Co. v. CrumTexas Supreme Court · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Callender, Holder & Co. v. ShortCourt of Appeals of Texas · 1904
- Peerless Oil & Gas Co. v. TeasCourt of Appeals of Texas · 1940
- Hilliard & Hilliard v. WilsonTexas Supreme Court · 1886
- Willis v. McNatt & MarchCourt of Appeals of Texas · 1889
- Lukens v. First National BankSupreme Court of Kansas · 1940
2 more not listed; retrieve them via the Exa API.