Legal Opinion

Simon v. Temple Lumber Co.

Court of Appeals of Texas

Decided April 10, 1912PublishedCited by 4 opinions

Appeal from District Court, Sabine County; W. B. Powell, Judge. Action by the Temple Lumber Company against Phil Simon. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtReese, J.

In this case, the Temple Lumber Company sued Phil Simon on a draft for $564.82, alleged to have been drawn by defendant in favor of plaintiff on the Brook-land State Bank. On presentation, payment was refused. A trial, without a jury, resulted in a judgment for plaintiff for the amount sued for, from which defendant appeals.

Appellant is a resident of the state of Louisiana. At the time of the institution of the suit, appellee sued out an attachment, which was levied upon his property in Texas, which was afterwards replevied by him. In addition, service was had upon appellant, under the…

2Cases cited1 opinion

  1. La Force v. Wear & Boogher Dry Goods Co.Court of Appeals of Texas · 1894

3Cited by4 opinions

  1. State v. Standard Oil Co.Texas Supreme Court · 1937
  2. Kempner v. Huntsville State BankCourt of Appeals of Texas · 1926
  3. Simon v. Temple Lumber Co.Court of Appeals of Texas · 1915
  4. Josey v. ReynoldsSupreme Court of South Carolina · 1929

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