Legal Opinion

Neill Bros. v. Billingsley

Texas Supreme Court

Decided July 1, 1878PublishedCited by 6 opinions

Appeal from Galveston, Tried below before the Hon. A. P. McCormick. This is a case made under the statute for the trial of the , right of property seized under process of court, and claimed by a person not party to; s.nch process. , The appellee sued “The Southern Cotton Press and Manufacturing Company” for sixteen bales of cotton, described by marks and number of bales, .and caused the, property- to.be seized-under, writ .of sequestration, Charles, M. Todd and Henry M.…

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Appeal from Galveston, Tried below before the Hon. A. P. McCormick. This is a case made under the statute for the trial of the , right of property seized under process of court, and claimed by a person not party to; s.nch process. , The appellee sued “The Southern Cotton Press and Manufacturing Company” for sixteen bales of cotton, described by marks and number of bales, .and caused the, property- to.be seized-under, writ .of sequestration, Charles, M. Todd and Henry M. Neill, partners in business, under the name of' Neill Bros. & Co., appeared as claimants, gave bond, and made, the oath…

1Opinion of the Court

Moore, Associate Justice.

The leading question which has been discussed -by counsel in -this case has, been decided by the court in the. case of Harbert v. Neill Bros. & Co. As will be seen by the opinion pronounced in that case; the court holds that the transaction 1)etiveen appellants:and A. Sessums, Powell & Co., by virtue of-which appellants claim "the cotton *167in controversy in this suit, was not made or consummated in accordance with the custom and usage observed by factors in the Galveston market, in disposing of cotton consigned to them for sale. It follows, as an inevitable deduction,…

2Cited by6 opinions

  1. Fort Worth Publishing Co. v. Hitson & ReedTexas Supreme Court · 1890
  2. W. C. Howard & Co. v. ParksCourt of Appeals of Texas · 1892
  3. Hartt v. Yturria Cattle Co.Court of Appeals of Texas · 1918
  4. King v. SheltonCourt of Appeals of Texas · 1923
  5. G., C. & S. F. R'y Co. v. FreemanCourt of Appeals of Texas · 1891

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