Moore v. Gammel
Texas Supreme Court
Appeal from Fayette. The defendant accepted service of the interrogatories as follows: “I hereby accept service of the-u within interrogatories, and waive the five days’ notice of' “ copies of notice and interrogatories.”
1Opinion of the Court
Lipscomb, J .
This suit was brought by the appellee against the appellant, for levying on and selling certain rifle guns on an execution against one Shearn,,which plaintiff alleges to have been his property. The defendant demurred to the petition which was overruled by the Court, and this decision, on the demurrer, constitutes the ground of the first assignment of error.
There is no question, that at Common Law the facts charged in the petition would form a ground of action in favor of the owner of property so seized and sold. But the appellants’ counsel contend that the Common Law has been…
2Cited by15 opinions
- City of Henrietta v. EustisTexas Supreme Court · 1894
- Lang v. DoughertyTexas Supreme Court · 1889
- Ward v. Green, GuardianTexas Supreme Court · 1895
- Terry v. WitherspoonCourt of Appeals of Texas · 1923
- Neill v. JohnsonCourt of Appeals of Texas · 1921
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