Schoolher, Bernstein & Co. v. Hutchins
Texas Supreme Court
Appeal from Hays. Tried below before the Hon. L. W. Moore. This was an action to recover damages for an unlawful seizure and conversion of property.
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Appeal from Hays. Tried below before the Hon. L. W. Moore. This was an action to recover damages for an unlawful seizure and conversion of property. It was brought by J. V. Hutchins, as assignee of P. B. Turner & Co.—P. B. Turner, W. B. Moore and J. E. Peters—against H. E. Barber, sheriff of Hays county, and the sureties on his official bond, the damage being placed at $10,000. The petition alleged that defendant seized and converted the property as complained of under two writs of attachment issuing horn the district court of Hays county, against P. B. Turner & Co., and in favor of M. Wolff…
1Opinion of the Court
Stayton, Associate Justice.
While the deed of assignment involved in this case does not declare, in so many words, that it was intended to be in compliance with the statute then in force in this state in relation to assignments for the benefit of creditors, yet it is evident that such was the intention of its makers. It declares the insolvency of its makers, conveys to the assignee for the benefit of all their creditors, all their property, real and personal, and provides for a pro rata distribution of its proceeds in proportion to their respective claims. An assignment which does this is an…
2Cases cited2 opinions
- Tucker v. HamlinTexas Supreme Court · 1883
- Coffin v. DouglassTexas Supreme Court · 1884
3Cited by22 opinions
- Field v. MunsterCourt of Appeals of Texas · 1895
- Scott v. DoggettCourt of Appeals of Texas · 1949
- Kerr v. GallowayTexas Supreme Court · 1901
- Quanah, A. P. Ry. Co. v. NovitCourt of Appeals of Texas · 1917
- Star v. JohnsonCourt of Appeals of Texas · 1931
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