Kendrick v. Rice
Texas Supreme Court
Error from Montgomery. Tried before the Hon. Peter W. Gray. At the Fall Term, 1852, of the District Court of Montgomery County, Eice & Nichols recovered a judgment against William C. Kendrick and Eobert 0. Martin, for the sum of $1,166 74-100 and costs of suit. On the 2nd day of February, 1858, Martin prosecuted a writ of error, with James H. Mitchell and J. M. Lewis as his sureties.
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Error from Montgomery. Tried before the Hon. Peter W. Gray. At the Fall Term, 1852, of the District Court of Montgomery County, Eice & Nichols recovered a judgment against William C. Kendrick and Eobert 0. Martin, for the sum of $1,166 74-100 and costs of suit. On the 2nd day of February, 1858, Martin prosecuted a writ of error, with James H. Mitchell and J. M. Lewis as his sureties. On the 25th day of January, 1854, the judgment below was affirmed, and it was adjudged that the defendants in error recover of the plaintiff, the said Eobert Martin, and his sureties, James H. Mitchell and J. M.…
1Opinion of the CourtWheeler, J.
The grounds on which the injunction was sought are:
*2591st. The supposed illegality of the execution, in that it included the plaintiff in error with the defendants in the judgment of affirmance.
2nd. The supposed illegality of the levy, in that it was made upon improved land of the plaintiff in error, when the other defendants had property, which was first liable, and should have been first taken in execution ; and in that the property was pointed out by the attorney of the defendants in error, without notice to the plaintiff, and without giving him an opportunity to point out property.
In support…
2Cases cited2 opinions
- Cook v. de la GarzaTexas Supreme Court · 1855
- Bryan v. BridgeTexas Supreme Court · 1851
3Cited by4 opinions
- Atcheson v. HutchisonTexas Supreme Court · 1879
- Wren v. PeelTexas Supreme Court · 1885
- Pecos Valley Lumber Co. v. FreidenbloomNew Mexico Supreme Court · 1917
- Hart v. McDadeTexas Supreme Court · 1884