Formwalt v. Hylton
Texas Supreme Court
Appeal from Dolan. Tried below before the Horn Wm. Kennedy. This suit was instituted in the district court of Dolan county, September 17,1884, by appellee against J. M. Formwalt, Geo. W. Baylor, Garland Odom and T. L. Odom for $10,000 damages, claimed to have been sustained by appellee by reason of a wrongful arrest and false imprisonment.
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Appeal from Dolan. Tried below before the Horn Wm. Kennedy. This suit was instituted in the district court of Dolan county, September 17,1884, by appellee against J. M. Formwalt, Geo. W. Baylor, Garland Odom and T. L. Odom for $10,000 damages, claimed to have been sustained by appellee by reason of a wrongful arrest and false imprisonment. On January 27, 1885, appellee filed his second original amended petition, in which he set up his cause of action more particularly, and claimed $10,000 actual and $10,000 exemplary damages. He alleged, in substance, that appellee resided in Dolan county,…
1Opinion of the Court
Robertson, Associate Justice.
The plaintiff himself testified that he had been indicted for theft of cattle in Rolan county. This is all the indictment against him, if admitted, could have proved. He also testified that Warren was a witness against him, and that he had been killed. That his son-in-law was indicted for the murder of Warren cast no just suspicion upon the plaintiff. The plaintiff recovered no damages for injuries done to his character, and if these indictments could have been used on that score, no harm was done by their exclusion.
The other indictment against the sons and…
2Cases cited3 opinions
- Holley v. MixNew York Supreme Court · 1829
- Hays v. CrearyTexas Supreme Court · 1883
- Leddy v. CrossmanMassachusetts Supreme Judicial Court · 1871
3Cited by8 opinions
- West v. CabellSupreme Court of the United States · 1894
- Davis v. Klevenhagen, Texas Court of Appeals, 14th District (Houston)1998
- Schnaufer v. PriceCourt of Appeals of Texas · 1939
- Vice v. HolleyMississippi Supreme Court · 1906
- Riley v. FairfieldAppellate Court of Illinois · 1987
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