Muenster v. Tremont National Bank
Texas Supreme Court
Error to the Court of Civil Appeals for the Third District, in an appeal from Caldwell County. Heidenheimer claimed property levied on by the bank, and gave claim bond upon which issues were joined in court under the statute; but before trial Heidenheimer died, and the bank then dismissed as to him and took judgment against Muenster et al., the sureties on his claim bond. They appealed, and on affirmance obtained writ of error from Supreme Court.
1Opinion of the Court
BROWN, Associate Justice.
On the 22d of April, 1886, the sheriff of Caldwell County levied on personal property by authority of an execution in favor of the Tremont National Bank against the Luling Manufacturing Company and Henry Muenster, issued out of the District Court of Caldwell County on April 20, 1886, which property was claimed by Samson Heidenheimer on May 10, 1886, and affidavit and bond presented to the sheriff of Caldwell County according to law. D. C. Muenster, H. Kleinsmith, and B. Jacobs were sureties on the claim bond. The property was delivered to Heidenheimer on May 10, 1886,…
2Cases cited1 opinion
- Sampson v. SolinskyCourt of Appeals of Texas · 1890
3Cited by7 opinions
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- Oliver v. Lone Star Cotton Jammers' & Longshoremen's Ass'nCourt of Appeals of Texas · 1911
- Indemnity Insurance Company of North America v. Browning-Ferris MacHinery Company, John A. Petty and Joe J. WilsonCourt of Appeals for the Fifth Circuit · 1955
- Breed v. Higginbotham Bros Co.Court of Appeals of Texas · 1911
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