Legal Opinion
Girard v. Moore
Texas Supreme Court
Decided May 14, 1894No. 140PublishedCited by 49 opinions
Certified Questions from Court of Civil Appeals for Third District, in an appeal from Llano County.
1Opinion of the Court
GAINES, Associate Justice.
The Court of Civil Appeals for the Third Supreme. Judicial District certifies for our determination the following questions:
“1. In an action for damages based upon the wrongful suing out of garnishment process, may the defendant, if the pleadings and evidence warrant, recover for exemplary damages, when the only actual damages shown are simply nominal for the wrongful suing out of the writ ? In other words, is the recovery for nominal damages only a basis for the recovery of exemplary damages ?
“ 2. Under article 191, Sayles’ Civil Statutes, or for any other reason,…
2Cases cited3 opinions
- Trawick v. Martin Brown Co.Texas Supreme Court · 1890
- Flanagan v. WomackTexas Supreme Court · 1880
- Jones v. MatthewsCourt of Appeals of Texas · 1889
3Cited by49 opinions
- Porras v. CraigTexas Supreme Court · 1984
- Commonwealth v. DavisTexas Supreme Court · 1942
- Doubleday & Co., Inc. v. RogersTexas Supreme Court · 1984
- Allen v. MeltonCourt of Appeals of Tennessee · 1936
- Woodruff v. BryantCourt of Appeals of Texas · 1977
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