Carey v. Tinsley
Texas Supreme Court
Appeal from Gonzales. Tried below before tbe Hon. Fielding Jones. Petition for injunction, bj appellees, John T. Tinsley and Hugh W. Branch, against tbe appellants, Orson Carey and William H. Reese, filed January 30th, 1858, alleging that, on tbe 30th day of October, 1855, in tbe District Court of Gonzales county, a judgment was rendered in favor of said Carey and Reese, against John W. Pennell and Evan Lovett, for tbe sum of f>595 76, and costs; that Pennell filed bis…
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Appeal from Gonzales. Tried below before tbe Hon. Fielding Jones. Petition for injunction, bj appellees, John T. Tinsley and Hugh W. Branch, against tbe appellants, Orson Carey and William H. Reese, filed January 30th, 1858, alleging that, on tbe 30th day of October, 1855, in tbe District Court of Gonzales county, a judgment was rendered in favor of said Carey and Reese, against John W. Pennell and Evan Lovett, for tbe sum of f>595 76, and costs; that Pennell filed bis petition for writ of error; and that petitioners, Tinsley and Branch, were securities on tbe bond for writ of error. That on…
1Opinion of the CourtRoberts, J.
The appellees seek to enjoin the judgment of appellants, upon the ground, not that Tinsley, being one of the defendants therein, had paid the money to the sheriff, but that he, being in possession of the money, delivered it to the deputy sheriff, and directed him to levy upon it as the money of Lovett, who was also a defendant, and one of his principals, in the judgment.
The question is, did Tinsley have possession of the money in such way as to make it liable to a levy in his hands ?
The evidence shows that he received the money for Parker, and that he was Parker’s agent, and not Lovett’s…
2Cited by1 opinion
- Tinsley v. Carey, Reese & Co.Texas Supreme Court · 1862