David Wallace & Co. v. Bogel & Bro.
Texas Supreme Court
Error from Marion. Tried below before the Hon. B. F. Estes. Wallace & Co. sued out an attachment against Crittenden & Kibbie, November 7, 1870, which was levied upon certain merchandise. Bogel & Bro. made claim, and presented their affidavit and claim bond. About sixty days thereafter Crittenden & Kibbie were adjudged bankrupts by the United States court at Tyler.
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Error from Marion. Tried below before the Hon. B. F. Estes. Wallace & Co. sued out an attachment against Crittenden & Kibbie, November 7, 1870, which was levied upon certain merchandise. Bogel & Bro. made claim, and presented their affidavit and claim bond. About sixty days thereafter Crittenden & Kibbie were adjudged bankrupts by the United States court at Tyler. This case was continued from term to term, and was finally tried in January, 1882, and judgment was rendered in favor of Bogel & Bro. Sufficient facts will be found stated in the opinion for a full understanding of the case and the…
1Opinion of the Court
Watts, J. Com. App.
This record contains neither a statement of facts nor bill of exceptions showing the evidence adduced upon the trial. Defendants in error, by their answer, tendered two issues: one, that the merchandise had been taken from their possession by the United States marshal and turned over to the assignee of the bankrupt estate of Crittenden & Kibbie, by order of the bankrupt court; the other, that defendants in error were the true owners of the merchandise.
From the recitals in the judgment it appears that the court found against the defendants on the last issue, that is, the…
2Cases cited10 opinions
- James v. FulcrodTexas Supreme Court · 1851
- Hall v. JacksonTexas Supreme Court · 1848
- Luckett v. TownsendTexas Supreme Court · 1848
- Doe v. ChildressSupreme Court of the United States · 1875
- Chrisman v. MillerTexas Supreme Court · 1855
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3Cited by6 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. VienoCourt of Appeals of Texas · 1894
- Lang v. Henke & PillotCourt of Appeals of Texas · 1900
- Coppard v. GardnerCourt of Appeals of Texas · 1917
- Osvald v. WilliamsCourt of Appeals of Texas · 1914
- Harris v. SpenceTexas Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.