Dearborn v. Phillips
Texas Supreme Court
Appeal from Wood. Tried below before Hon. John Gregg The material facts are stated in the Opinion of the Court.
1Opinion of the Court
Hemphill, Ch. J.
This was a suit by J. H. Dearborn to enjoin the sale of his only horse and rope, levied upon by Constable Philips, one of the defendants, under an execution issued by Mr. M. Payne, an acting Justice, another defendant ; also, that the execution be quashed, and that the plaintiff on final hearing may recover his damages, costs, &c.
There was a demurrer, and as a special exception it was *451pleaded that the plaintiff in the execution was not made a party to this suit. This defect was cured by William Murphy, the plaintiff in the' execution, appearing voluntarily, moving to quash the…
2Cited by13 opinions
- Lane v. JonesCourt of Appeals of Texas · 1914
- Betz v. MaierCourt of Appeals of Texas · 1896
- In Re PetersUnited States Bankruptcy Court, W.D. Texas · 1988
- Kelley v. WhitmoreTexas Supreme Court · 1874
- Patterson v. EnglishCourt of Appeals of Texas · 1911
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