Legal Opinion

Jordan v. v. & A. Meyer & Co.

Texas Supreme Court

Decided April 5, 1897PublishedCited by 2 opinions

Questions Certified by Court of Civil Appeals, Fifth District, in an appeal from Bowie County. In the lower court the action against the sureties on the attachment bond was held barred, and they were discharged. Upon appeal by plaintiff, an opinion was pronounced in the case reversing the judgment below, and rendering it for appellant, with dissenting opinion.

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Questions Certified by Court of Civil Appeals, Fifth District, in an appeal from Bowie County. In the lower court the action against the sureties on the attachment bond was held barred, and they were discharged. Upon appeal by plaintiff, an opinion was pronounced in the case reversing the judgment below, and rendering it for appellant, with dissenting opinion. Pending a motion there for rehearing, the Court of Civil Appeals submitted the point to this court as a certified question, not as upon certificate of dissent.

1Opinion of the Court

DENMAN, Associate Justice.

In this cause the Court of Civil Appeals have certified the following explanatory statement and question:

“On December 27, 1888, V. and A. Meyer and Co. sued M. Jordan in the County Court of Bowie County on an account for $664.54, and procured the issuance of an attachment and caused it to be levied upon a stock of goods belonging to the defendant. M. Jordan reconvened in the attachment suit for the recovery of damages, upon the ground that the writ was wrongfully sued out. The cause was tried February 3, 1894, resulting in a verdict and judgment in favor of M. Jordan…

2Cases cited3 opinions

  1. Weaver v. AshcroftTexas Supreme Court · 1878
  2. Tompkins v. TolandTexas Supreme Court · 1877
  3. Torrey, Davidson & Grosscup v. Schneider & DavisTexas Supreme Court · 1889

3Cited by2 opinions

  1. Schuldes v. National Surety CorporationCourt of Appeals of Arizona · 1976
  2. Crawford v. Lawyers Surety Corp.Court of Appeals of Texas · 1959

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