Legal Opinion

Rainey v. Kemp

Court of Appeals of Texas

Decided March 19, 1909PublishedCited by 3 opinions

Appeal from the District Court of Matagorda County. Tried below before Hon.' Wells Thompson.

1Opinion of the Court

REESE, Associate Justice.

—J. H. Rainey sued C. D. Kemp in the District Court to recover damages for the wrongful, unlawful and malicious suing out by Kemp of a writ of attachment out of the Justice Court, under which his stock of merchandise was seized and detained by the officer and his place of business closed for about thirty-five days; and also for the wrongful and malicious suing out of an immediate execution out of the Justice Court upon a judgment in the same case, the writ of attachment having been quashed, and the seizure of his stock of merchandise thereunder. Damages both actual…

2Cases cited3 opinions

  1. Ross v. KornrumpfTexas Supreme Court · 1885
  2. P. J. Willis & Brother v. WhitsittTexas Supreme Court · 1887
  3. Davidson v. OberthierCourt of Appeals of Texas · 1906

3Cited by3 opinions

  1. Taylor v. Savings Union Bank & Trust Co.California Supreme Court · 1915
  2. Vincent v. BellCourt of Appeals of Texas · 1929
  3. Alamo Live Stock Commission Co. v. HeimerCourt of Appeals of Texas · 1917

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