Owen v. Smith
Court of Appeals of Texas
Appeal from District Court, San Saba County; N. T. Stubbs, Judge. Action by L. C. Smith against Huts Owen and others. From judginent for plaintiff, defendants appeal.
1Opinion of the CourtBrady, J.
Appellee, L. C. Smith, brought this suit against appellants, Huts Owen and Jim P. Kelley, to recover a balance due on a promissory note. Appellants admitted liability on the note, but set up a cross-action for the recovery of damages arising out of alleged wrongful acts by appellee, in compelling a sale of certain cattle mentioned in a chattel mortgage securing the note. In the view we have taken of the case it is not necessary to set out the. pleadings and issues made with relation to the cross-action.
In addition to the cross-action for damages, Kelley alleged that, at the time the cattle…
2Cases cited4 opinions
- Linn v. ArambouldTexas Supreme Court · 1881
- Riddle v. BeardenCourt of Appeals of Texas · 1904
- Farmers' & Mechanics' Nat. Bank of Ft. Worth v. First State Bank of BangsCourt of Appeals of Texas · 1912
- Missouri, Kansas & Texas Railway Co. v. McAnaneyCourt of Appeals of Texas · 1904
3Cited by3 opinions
- Works v. Phoenix Auto Finance Co.Court of Appeals of Texas · 1949
- Holifield v. Cosden Petroleum Corp.Court of Appeals of Texas · 1942
- Blackburn v. WrightCourt of Appeals of Texas · 1952