Spillman v. Weston
Court of Appeals of Texas
Error from Dallas County Court; T. A. Wort, Judge. Action by W. W. Weston against E. Spill-man. Judgment for plaintiff, and defendant brings error.
1Opinion of the CourtRasburx, J.
Appellee sued appellant in the court below for past-due debt, aided by attachment issued on affidavit that appellant was about to dispose of his property with intent to defraud his creditors. Appellant, by his pleadings, admitted the debt, but sought damages by reconvention on the ground, in substance, that the attachment was wrongfully and maliciously sued out, and specified certain actual and exemplary damages. At trial general demurrer to the plea was sustained, and the jury peremptorily instructed to return verdict for the debt, which was done, and judgment accordingly entered, from which…
2Cases cited4 opinions
- Trawick v. Martin Brown Co.Texas Supreme Court · 1890
- Waters-Pierce Oil Co. v. CookCourt of Appeals of Texas · 1894
- Hoover v. First Nat. Bank of Port LavacaCourt of Appeals of Texas · 1917
- Drew v. EllisCourt of Appeals of Texas · 1894
3Cited by5 opinions
- Tsesmelis v. Sinton State BankTexas Commission of Appeals · 1932
- Olivares v. GarciaTexas Supreme Court · 1936
- Panhandle Lumber Co. v. FaireyCourt of Appeals of Texas · 1928
- Oscar v. SackvilleCourt of Appeals of Texas · 1925
- Schulte v. Republic Supply Co.Court of Appeals of Texas · 1927