Hodde v. Susan
Texas Supreme Court
Appeal from Austin. Tried below before the Hon. L. W. Moore. Suit for the trial of the right to property in goods levied upon by virtue of an execution from a justice of the peace in favor of CL W. Klaeden against Wm. Newman, as the property of the defendant. The levy was made January 30, 1879. On the following day the claimant, Susan, made affidavit and bond, one of the sureties being W. W. Bethany.
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Appeal from Austin. Tried below before the Hon. L. W. Moore. Suit for the trial of the right to property in goods levied upon by virtue of an execution from a justice of the peace in favor of CL W. Klaeden against Wm. Newman, as the property of the defendant. The levy was made January 30, 1879. On the following day the claimant, Susan, made affidavit and bond, one of the sureties being W. W. Bethany. The oath and bond not having been presented, the goods were advertised to be sold on the 13th of February. On that day, but before sale, the oath and bond were presented to the constable, who…
1Opinion of the Court
Willie, Chief Justice.
The point made by appellee, that the execution issued from Washington county, under which the levy was made, was insufficient, and hence the proceedings for the trial of the right of property subsequently had were illegal and void, cannot be sustained.
The objection to the execution was that it was not accompanied by a certificate of the clerk of the county court that the officer issuing the same was a justice of the peace. That point, if it can be raised at all by the appellee, cannot be suggested for the first time in this court. The statute does not declare the…
2Cases cited2 opinions
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3Cited by29 opinions
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- Jirou v. JirouCourt of Appeals of Texas · 1910
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