Slay v. Milton
Texas Supreme Court
Appeal from Coryell. Tried below before the Hon. T. L. Nugent. On the 19th of October, 1882, appellant, as landlord of appellee, sued out a distress warrant against him before a justice of the peace of Coryell county. Appellant claimed $625 for advances made to his tenant to enable him to make the crop, and also the rent of twenty-three acres of cotton and ten acres of corn, at one-fourth of the crop raised.
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Appeal from Coryell. Tried below before the Hon. T. L. Nugent. On the 19th of October, 1882, appellant, as landlord of appellee, sued out a distress warrant against him before a justice of the peace of Coryell county. Appellant claimed $625 for advances made to his tenant to enable him to make the crop, and also the rent of twenty-three acres of cotton and ten acres of corn, at one-fourth of the crop raised. In these proceedings plaintiff gave the required bond and made affidavit therefor and procured the issuance of a distress warrant, which was, on October 20, 1882, levied on seventy acres…
1Opinion of the Court
Delany, J. Com. App.
When the defendant brought forward his plea in reconvention, claiming damages for the wrongful issuance of the distress warrant, the plaintiff excepted to it on the ground that such a plea was inadmissible in this action. He insisted below, and he contends in this court, that the defendant’s sole remedy for damages was upon the land, and that he could not be heard upon that until after the termination of the present suit. And he refers us to article 3113, R. S., which, after providing for the bond to be given by the plaintiff in the case, concludes with these words: “…
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