Tiernly v. Frazier & Legierse & Co.

Opinion by Le Gierse & Co., of Galveston, having recovered a judgment in a Justices Court, of Dallas county, against M. Tiernly, for $95.55 and costs of suit, amounting to $17.50, caused execution thereon to be issued to Caldwell county, to which Tiernly had removed. This execution came to the hands of the sheriff, October 26, 1874, and being by him placed in the hands .of his deputy Frazier, was by the latter about November 3, levied on five mules, the property of Tiernly.

This suit is brought by Tiernly to recover damages for said levy, alleging that he had on October 28, paid off and…