Legal Opinion

Cox v. Miller

Texas Supreme Court

Decided October 23, 1880No. Case No. 912PublishedCited by 49 opinions

Appeal from Cherokee. Tried below before the Hon. Peyton F. Edwards. The opinion states most of the material facts. There was much evidence introduced to establish facts not deemed important in view of the opinion.

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Appeal from Cherokee. Tried below before the Hon. Peyton F. Edwards. The opinion states most of the material facts. There was much evidence introduced to establish facts not deemed important in view of the opinion. In addition to facts stated in the opinion, it should be stated that defendant offered in evidence an execution and judgment in the cause of E. J. Horton v. B. Miller, and the returns thereon by the sheriff, for the purpose of showing title in Mrs. Miller to the property in dispute. This execution and judgment was for about $150, and proceedings were had thereunder in April and…

1Opinion of the Court

Moore, Chief Justice.

This is a proceeding under the statute for the trial of the right of property levied on by an execution from the district court of Galveston county, on a judgment in favor of appellant, Wm... Cox, against the firm of Alford & Miller. The property in question was pointed out by the attorney for appellant as the property of B. Miller, one of the defendants in execution, and was claimed by his wife, Christina Miller, as her separate property, not subject to seizure or sale under execution against her husband.

On the trial of the case a jury was waived, and its determination,…

2Cases cited9 opinions

  1. Martel v. SomersTexas Supreme Court · 1863
  2. Belt v. RaguetTexas Supreme Court · 1864
  3. Castro v. IlliesTexas Supreme Court · 1858
  4. Saunders v. WilsonTexas Supreme Court · 1857
  5. Edrington v. RogersTexas Supreme Court · 1855

4 more not listed; retrieve them via the Exa API.

3Cited by49 opinions

  1. Hilley v. HilleyTexas Supreme Court · 1961
  2. Kellett v. TriceTexas Supreme Court · 1902
  3. Brokaw v. CollettTexas Commission of Appeals · 1928
  4. Weidner v. CrowtherTexas Supreme Court · 1957
  5. Cauble v. Beaver-Electra Refining Co.Texas Supreme Court · 1925

44 more not listed; retrieve them via the Exa API.

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