Legal Opinion

Manis v. Flood

Court of Appeals of Texas

Decided November 26, 1898PublishedCited by 2 opinions

Appeal from the County Court of Montague. Tried below before Hon. P. P. Duneord.

1Opinion of the Court

STEPHENS, Associate Justice.

Appellant having rented land from one Tallant, was sued by appellee, to whom Tallant had assigned the right to collect the rent. A distress warrant was also sued out at the instance of appellee, and levied on a portion of the cotton crop. The right of such an assignee to distrain for rent was controverted by appellant, and from a judgment sustaining the right and denying him any recovery of damages this appeal is prosecuted.

The remedy by distress is a summary one, and does not exist without a statute authorizing it. Article 3235 of our Revised Statutes gives to…

2Cases cited1 opinion

  1. People v. W. P. HaskinsNew York Supreme Court · 1831

3Cited by2 opinions

  1. Fuller v. RippieSupreme Court of Oklahoma · 1917
  2. McCollum v. HammitCourt of Appeals of Texas · 1925

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