Dixon v. Zadek
Texas Supreme Court
Appeal from Navarro. Tried below before the Hon. D. M. Prendergast. A. J. Dixon recovered a judgment against Joseph Peyton as principal, and Adolph Zadek and Isaac Baum as sureties, for $142.42 and $92 costs. Execution issued and levied upon property of A. Zadek, who, together with Baum, sued out a writ of injunction restraining sale of goods under execution.
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Appeal from Navarro. Tried below before the Hon. D. M. Prendergast. A. J. Dixon recovered a judgment against Joseph Peyton as principal, and Adolph Zadek and Isaac Baum as sureties, for $142.42 and $92 costs. Execution issued and levied upon property of A. Zadek, who, together with Baum, sued out a writ of injunction restraining sale of goods under execution. The injunction was dissolved, and a judgment rendered against Zadek and Baum and their sureties for the sum of $142.42, principal, with interest and $99, upon which execution again issued. I. Baum paid the entire execution and caused an…
1Opinion of the Court
Walker, P. J. Com. App.—
The demurrer of the plaintiff to the sufficiency of the claimants’ affidavit of claim of the property levied on, and his motion to dismiss the cause for its alleged insufficiency, was not directed to formal defects in the affidavit, but it involved the substantial elements essential to constitute a valid and sufficient basis for the support of claimants’ cause of action. The demurrer being sustained, the defendants did not offer to either amend by substituting an additional affidavit, or by otherwise altering the grounds on which they had rested their right to claim…
2Cases cited10 opinions
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
- Commander-In-ChiefSupreme Court of the United States · 1864
- Baldridge v. CookTexas Supreme Court · 1864
- Anstice v. HolmesNew York Supreme Court · 1846
- Lively v. BristowTexas Supreme Court · 1854
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bomar v. ParkerTexas Supreme Court · 1887
- Scherff v. Missouri Pacific Railway Co.Texas Supreme Court · 1891
- Willis Bro. v. Pinkard, AdministratorCourt of Appeals of Texas · 1899
- Robicheaux v. Gulf Production Co.Texas Supreme Court · 1937
- Carpenter v. LandryCourt of Appeals of Texas · 1907
6 more not listed; retrieve them via the Exa API.