Hermann v. Allen
Texas Supreme Court
Error to the Court of Civil Appeals for the First District in an appeal from Harris County. Allen sued Hermann for damages and recovered judgment. Defendant appealed, and on affirmance obtained writ of error.
1Opinion of the CourtJustice Williams
This is an action by Allen to recover damages for the wrongful suing out and service upon him of a writ of injunction in a former action against him and another by Hermann and another, restraining him from removing a house which belonged to him but was situated on land belonging to Hermann.
One of the questions before us arises upon Hermann’s plea of res judicata based on the judgment in the former case. In that action Allen pleaded in reconvention his right to the house, the wrongfulness of the injunction and damages suffered by him from the service of it upon him. That cause was tried in the…
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