Legal Opinion

Brown v. Bacon

Texas Supreme Court

Decided February 6, 1885No. Case No. 5203PublishedCited by 7 opinions

Appeal from Johnson. Tried below before the Hon. Jo Abbott. Suit by Mrs. Jennie Bacon, joined by her husband, S. H. Bacon, against the appellants.

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Appeal from Johnson. Tried below before the Hon. Jo Abbott. Suit by Mrs. Jennie Bacon, joined by her husband, S. H. Bacon, against the appellants. In her petition she claimed that appellants, on the 28th day of September, 1882, seized and carried away a stock of millinery, which was her separate property, and broke open her private residence and levied upon the same therein; that the goods were being used by her in carrying on a business in her own name; that they were seized by appellant John D. Mitchell as constable of Johnson county, and that he acted by virtue of an execution issued out…

1Opinion of the Court

Walker, P. J. Com. App.

The court did not err in refusing to give defendants’ special instruction to the effect that the jury should not consider any evidence tending to show that Mrs. Bacon lost her health by reason of the levy on her goods. The charge given by the court explicitly and distinctly presented to the jury the facts in the evidence on which they must consider the plaintiffs’ claim for damages, and confined their inquiries on the subject to the damages, if any, resulting from “the conversion of a stock of millinery goods alleged to be the separate property of said Mrs. Jennie…

2Cases cited2 opinions

  1. Rogers v. NicholsTexas Supreme Court · 1858
  2. Alley v. AdamsSupreme Court of Alabama · 1870

3Cited by7 opinions

  1. Logan v. LoganTexas Supreme Court · 1941
  2. Morris v. MorrisCourt of Appeals of Texas · 1907
  3. B. C. Evans Co. v. Reeves & McGlassonCourt of Appeals of Texas · 1894
  4. McKnight v. United StatesCourt of Appeals for the Ninth Circuit · 1904
  5. Halart, L.L.C. v. Independent Auto Warehouse, Inc. (In Re Twin B Auto Parts, Inc.)United States Bankruptcy Court, E.D. Virginia · 2001

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