Foster v. Bennett
Court of Appeals of Texas
Appeal from District Court, Baylor County; Jo. A. P. Dickson, Judge. Action by J. S. Foster against R. G. Bennett and others. From a judgment for defendants, plaintiff appeals.
1Opinion of the CourtSpeer, J.
J. S. Foster sued R. G. Bennett, W. A. Bennett, A. Power, E. D. Power, M. Davis, and W. J. Cline, the last two as sureties on attachment bond, for actual and exemplary damages for wrongful and malicious suing out of garnishment proceedings, and to his petition the trial court sustained what is denominated special exceptions, though in fact general demurrers. The plaintiff has appealed.
[1] The first exception is as follows: “To that portion of said petition contained in paragraphs 1, 2, 3, and 4 in which the plaintiff attempts to set out a transaction with the defendants K. G. Bennett, W. A.…
2Cases cited2 opinions
- Girard v. MooreTexas Supreme Court · 1894
- Lightfoot v. MurphyCourt of Appeals of Texas · 1907
3Cited by2 opinions
- Peerless Oil & Gas Co. v. TeasCourt of Appeals of Texas · 1940
- Hoover v. First Nat. Bank of Port LavacaCourt of Appeals of Texas · 1917