Maybe, Kahn & Freiberg v. Duke
Texas Supreme Court
Appeal from Colorado. Tried below before Hon. Geo. McCormick. This is an appeal from a judgment for §956 actual and §4000 exemplary damages rendered in favor of Duke, the appellee. The judgment for exemplary damages was against appellants, Mayer, Kahn & Freiberg, the plaintiffs, and suing out the attachment.
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Appeal from Colorado. Tried below before Hon. Geo. McCormick. This is an appeal from a judgment for §956 actual and §4000 exemplary damages rendered in favor of Duke, the appellee. The judgment for exemplary damages was against appellants, Mayer, Kahn & Freiberg, the plaintiffs, and suing out the attachment. The judgment for actual and exemplary damages was against the said plaintiffs in attachment, and Simpson & Shaw, their sureties on the attachment bond, and against the sheriff, Townsend, who made the seizure under the attachment. The contention on appeal involves the rulings of the court…
1Opinion of the Court
Gaines, Associate Justice.
This suit was brought by appellee to recover of appellants damages both actual and exemplary for the seizure-of appellee’s goods under a writ of attachment alleged to have been wrongfully and maliciously sued out. Mayer, Kahn & Freiberg were the plaintiffs in the attachment proceedings. This suit was brought not only ■ against them but also against the sureties upon the attachment bond and. the sheriff who levied the writ. Appellee recovered a judgment against, *449all the appellants for actual and against Mayer, Kahn & Freiberg for exemplary damages.
It is first urged…
2Cases cited8 opinions
- New Orleans, St. Louis & Chicago Railroad v. BurkeMississippi Supreme Court · 1876
- In re the Probate of the Will of LaymanSupreme Court of Minnesota · 1889
- Hawk v. RidgwayIllinois Supreme Court · 1864
- Graham v. Pacific RailroadSupreme Court of Missouri · 1877
- Boardman v. GoldsmithSupreme Court of Vermont · 1874
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