Legal Opinion

Jesse French Piano & Organ Co. v. Clay

Court of Appeals of Texas

Decided November 23, 1905PublishedCited by 6 opinions

Appeal from the County Court of Smith County. Tried below before Hon. S. A. Lindsey.

1Opinion of the Court

REESE, Associate Justice.

The Jesse French Piano and Organ Company brought this suit in the County Court of Smith County against T. J. Clay, W. F. Boyette, D. Y. Gaines, justice of the peace, and T. J. Ivy, constable. The suit was to restrain the sale of a piano worth $350 under execution froin th^Tustice’s Court upon a judgment for $15, alleged to have been procured, to cancel the judgment, and, in addition, to recover $400 damages for the wrongful and malicious acts of defendants in procuring the judgment and execution and making the levy.

The County Court dismissed the suit for want of…

2Cases cited2 opinions

  1. De Witt County v. WischkemperTexas Supreme Court · 1902
  2. Dean v. State Ex Rel. BaileyTexas Supreme Court · 1895

3Cited by6 opinions

  1. Maryland Casualty Co. v. MeyerCourt of Appeals of Texas · 1931
  2. Day v. MercerCourt of Appeals of Texas · 1915
  3. A. J. Birdsong & Son v. AllenCourt of Appeals of Texas · 1914
  4. Smith Drug Co. v. RochelleCourt of Appeals of Texas · 1911
  5. Ramsel v. MillerCourt of Appeals of Texas · 1918

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