Cone v. Lewis
Texas Supreme Court
Appeal from Milam. Tried below before the Hon. W. E. Collard. Appellee Lewis, plaintiff in the court below, brought this suit against the appellant, Cone, for the alleged wrongful and malicious seizure and conversion of a dray, the property of Lewis, who was the head of a family, a licensed drayman in the town of Bockdale, and owned no other vehicle.
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Appeal from Milam. Tried below before the Hon. W. E. Collard. Appellee Lewis, plaintiff in the court below, brought this suit against the appellant, Cone, for the alleged wrongful and malicious seizure and conversion of a dray, the property of Lewis, who was the head of a family, a licensed drayman in the town of Bockdale, and owned no other vehicle. Plaintiff claimed $50 for the value of the dray, $100 special damages for the interruption of his business, and $1,000 for exemplary damages. Defendant pleaded to the jurisdiction of the court, that the claim for special and exemplary damages-had…
1Opinion of the Court
Stayton, Associate Justice.
The averments of the pleadings for the plaintiff were such as would sustain an action for exemplary as well as actual damages, and the court did not err in overruling the exceptions of the defendant which questioned the sufficiency of the averments of the petition to confer jurisdiction on the district court. Kolb v. Bankhead, 18 Tex., 229; Champion v. Vincent, 20 Tex., 812; Gordon v. Jones, 27 Tex., 622; Graham v. Roder, 5 Tex., 146; Cole v. Tucker, 6 Tex., 267; Mill v. Newton, 24 Tex., 202.
An officer is not liable for exemplary damages, who in proper manner and in…
2Cases cited4 opinions
- Rodgers v. FergusonTexas Supreme Court · 1870
- Neill v. NewtonTexas Supreme Court · 1859
- Cronin v. GayTexas Supreme Court · 1857
- Quigley v. GorhamCalifornia Supreme Court · 1855
3Cited by19 opinions
- Betz v. MaierCourt of Appeals of Texas · 1896
- Smith v. McBrydeCourt of Appeals of Texas · 1915
- Moore & Rollow v. GrahamCourt of Appeals of Texas · 1902
- Patterson v. EnglishCourt of Appeals of Texas · 1911
- Puget Sound Dressed Beef & Packing Co. v. JeffsWashington Supreme Court · 1895
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