King v. P. Pfeiffer & Co.
Texas Supreme Court
Appeal from Gamp. Tried below before the Hon. George T. Todd, Special Judge. The appellee recovered judgment against one Brinck, and execution was levied on a stock of goods. It was alleged that two days before execution issued the debtor made an assignment of his goods to appellant for benefit of creditors. After levy the appellant made oath and filed claim bond under the statute. There was a trial of the right of property.
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Appeal from Gamp. Tried below before the Hon. George T. Todd, Special Judge. The appellee recovered judgment against one Brinck, and execution was levied on a stock of goods. It was alleged that two days before execution issued the debtor made an assignment of his goods to appellant for benefit of creditors. After levy the appellant made oath and filed claim bond under the statute. There was a trial of the right of property. The statement of facts was on motion stricken from the record. Judgment below for appellant.
1Opinion of the Court
Willie, Chief Justice.
The statement of facts was upon motion of appellees stricken from the transcript on a former day of this term. The two errors insisted upon in this court will therefore have to be considered without reference to the evidence before the court upon the trial of the cause. It is claimed that the special judge was disqualified to hear and determine the cause for the reason that he was attorney for one of the claims filed with the assignee of B. F. Brinck. This objection was saved by a bill of exceptions, which states that the objection was overruled by the court, but does…
2Cited by2 opinions
- Ward v. CameronTexas Supreme Court · 1904
- New Orleans Furniture Manufacturing Co. v. Hill Furniture Co.Court of Appeals of Texas · 1906