Slade v. Le Page
Court of Appeals of Texas
Appeal from Presidio. Tried below before Hón. T. A. Falvey, 1. All presumptions are in favor of the legality of judgments of courts of general jurisdiction, and it not being shown that this affidavit was the only affidavit made to secure the writ, the lien of which created by levy was foreclosed in Slade v. Thurber & Co., it will be presumed that the writ in that case was based upon a proper affidavit. . 2. By filing his affidavit and claim bond, the appellee precluded…
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Appeal from Presidio. Tried below before Hón. T. A. Falvey, 1. All presumptions are in favor of the legality of judgments of courts of general jurisdiction, and it not being shown that this affidavit was the only affidavit made to secure the writ, the lien of which created by levy was foreclosed in Slade v. Thurber & Co., it will be presumed that the writ in that case was based upon a proper affidavit. . 2. By filing his affidavit and claim bond, the appellee precluded himself from making any objection to the process levied upon the property, waived all damages in a case of trespass, and was…
1Opinion of the Court
JAMES, Chiee Justice. •
This suit was for trial of the right of property to certain wool seized by a writ of attachment which issued in a suit brought by John Slade against E. B. Thurber & Co., the claimant being the appellee, in whose favor judgment was rendered.
The court directed a verdict in favor of the appellee, the charge being as follows:
“Gentlemen of the Jury: The attachment levied in this case having been issued on an affidavit that was fatally defective, the writ therefor being void and the levy wrongful, therefore the only question for you to determine in this case is, in whose…
2Cases cited2 opinions
- Le Page v. SladeTexas Supreme Court · 1891
- Bollinger v. Gallagher, Pennsylvania Court of Common Pleas, York County1891
3Cited by5 opinions
- Reinertsen v. E. W. Bennett & SonsCourt of Appeals of Texas · 1916
- Maris v. AdamsCourt of Appeals of Texas · 1914
- Johnson v. McDonaldCourt of Appeals of Texas · 1934
- Lorenz v. Mingus State BankCourt of Appeals of Texas · 1933
- Johnson v. McDonaldCourt of Appeals of Texas · 1934