Muenster v. Fields
Texas Supreme Court
Application for writ of error to Court of Civil Appeals for Third District, in an appeal from Caldwell County. The application for writ of error, after the address, is as follows: “Plaintiff in error sued in the District Court for the value of certain goods converted by appellant (Fields), of the value of $1293 with legal interest.
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Application for writ of error to Court of Civil Appeals for Third District, in an appeal from Caldwell County. The application for writ of error, after the address, is as follows: “Plaintiff in error sued in the District Court for the value of certain goods converted by appellant (Fields), of the value of $1293 with legal interest. “Defendant in error pleaded among other things that plaintiff in error had bought the goods at sheriff’s sale for $725 and, if entitled to recover, he could only recover the price paid at sheriff’s sale with interest.” “There was a verdict and judgment for…
1Opinion of the Court
GAINES, Chief Justice.
We are clearly of the opinion that the application for the writ of error in this case should be refused. But since the decision of the Court of Civil Appeals overrules not only a former decision of this court, but also the ruling of another court of civil appeals, we deem it proper for the future guidance of the profession to express our concurrence in their opinion. The judgment of the trial court was reversed and the cause remanded by the Court of Civil Appeals, and the conflict alone gives us jurisdiction of the application.
The opinion of the court of Civil Appeals…
2Cited by17 opinions
- Early-Foster Co. v. Mid-Tex Oil MillsCourt of Appeals of Texas · 1918
- Brown v. LeathCourt of Appeals of Texas · 1897
- Phoenix Refining Co. v. MorganCourt of Appeals of Texas · 1944
- Scott v. ChildersCourt of Appeals of Texas · 1900
- Blewett v. MillerCalifornia Supreme Court · 1900
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