Dupuy v. Ullman
Texas Supreme Court
Appeal from Anderson. Tried below before Hon. F. A. Williams. The appellees on the 29th day of December, 1888, in a suit then pending in the County Court of Galveston County, sued out a writ of attachment against the defendant in said suit, J. J. Murphy, which writ of attachment was levied by the sheriff of Anderson County on the 31st day of December, 1888, on eight barrels of whisky called “ Coon Hollow,”' which whisky was taken from the “ Ruby Saloon” in Palestine and…
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Appeal from Anderson. Tried below before Hon. F. A. Williams. The appellees on the 29th day of December, 1888, in a suit then pending in the County Court of Galveston County, sued out a writ of attachment against the defendant in said suit, J. J. Murphy, which writ of attachment was levied by the sheriff of Anderson County on the 31st day of December, 1888, on eight barrels of whisky called “ Coon Hollow,”' which whisky was taken from the “ Ruby Saloon” in Palestine and valued by said sheriff at $560. On the 3rd day of January, 1889, appellant filed the claimant’s affidavit, and bond for the…
1Opinion of the Court
HENRY, Associate Justice.
—This suit grew out of the mortgage and assignment involved in the appeal of J. D. Dupuy against G. W. Burkitt, this day decided.
After the execution of the assignment Ullrnan, Lewis & Co., who were creditors of Murphy, caused a writ of attachment against Murphy to be levied upon eight barrels of the mortgaged whisky while it was in the possession of Burkitt.
The assignee made affidavit and gave bond for the trial of the right of • property. The issue tendered by the plaintiffs in the writ stated in substance the mortgage of the property seized to Burkitt, and rested…
2Cited by2 opinions
- W. C. Howard & Co. v. ParksCourt of Appeals of Texas · 1892
- Harris v. WiseCourt of Appeals of Texas · 1917