Hubbard v. Lord
Texas Supreme Court
Appeal from Wilson. Tried below before the Hon. Everett Lewis. Appellant, who resided in Wilson county, sued in Wilson county the appellee, who resided in De Witt county, for a malicious prosecution, claiming $10,000 damages, and alleging in substance that the defendant made three complaints in writing before the county at-' torney of De Witt county, charging plaintiff and others with theft of cattle in Gonzales county, and causing a warrant to be issued by a .justice of the…
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Appeal from Wilson. Tried below before the Hon. Everett Lewis. Appellant, who resided in Wilson county, sued in Wilson county the appellee, who resided in De Witt county, for a malicious prosecution, claiming $10,000 damages, and alleging in substance that the defendant made three complaints in writing before the county at-' torney of De Witt county, charging plaintiff and others with theft of cattle in Gonzales county, and causing a warrant to be issued by a .justice of the peace of De Witt, by virtue of which plaintiff was arrested at his home in Wilson county, and placed under bond to…
1Opinion of the Court
Willie, Chief Justice.—
The only question in this case arises upon the ruling below sustaining the appellee’s special exception to the jurisdiction of the court. It appeared from the face of the petition that Lord was a citizen of De Witt county; that the prosecution against appellant for theft was instituted there, but that the arrest under the charge occurred in Wilson county, where this suit was commenced.
*385It is urged that the cáse comes within the eighth exception to art. 1198 of the Revised Statutes. That exception provides that when the foundation of the suit is some crime or offense or…
2Cases cited5 opinions
- Yates v. LansingCourt for the Trial of Impeachments and Correction of Errors · 1811
- Von Latham v. Libby & RowanNew York Supreme Court · 1862
- Coupal v. WardMassachusetts Supreme Judicial Court · 1871
- Rhodes v. KingSupreme Court of Alabama · 1875
- Johnson v. MaxonMichigan Supreme Court · 1871
3Cited by38 opinions
- Hart v. O'BrienCourt of Appeals for the Fifth Circuit · 1997
- Wolf v. PerrymanTexas Supreme Court · 1891
- Ray Wong v. Earle C. Anthony, Inc.California Supreme Court · 1926
- Gerald G. Reicheneder v. Skaggs Drug CenterCourt of Appeals for the Fifth Circuit · 1970
- Thomas Goggan & Bros. v. MorrisonCourt of Appeals of Texas · 1913
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