Legal Opinion

Fred Mercer Dry Goods Co. v. Fikes

Court of Appeals of Texas

Decided March 1, 1919No. 8080PublishedCited by 18 opinions

Appeal from District Court, Rockwall County; Joel R. Bond, Judge. Suit by B. L. Pikes against the Fred Mercer Dry Goods Company and another. Judgment for plaintiff, and defendants appeal.

1Opinion of the CourtRasbury, J.

Appellee sued the Fred Mercer Dry Goods Company and Fred Mercer for actual and exemplary damages alleged to be the result of the wrongful and malicious issuance and levy, without probable cause, of a writ of sequestration upon certain personal property of the appellee exempt from' forced sale and seizure, and for which he; sought actual damages in the sum of $340 and exemplary damages in the sum of $1,000. Appellants, after exceptions and the general demurrer, pleaded that appellee had falsely alleged the amount of his damages for the purpose of fraudulently conferring jurisdiction upon the…

2Cases cited9 opinions

  1. City of Austin v. NalleTexas Supreme Court · 1893
  2. H. F. & E. D. Craddock v. GoodwinTexas Supreme Court · 1881
  3. Culbertson v. CabeenTexas Supreme Court · 1867
  4. Cole v. TuckerTexas Supreme Court · 1851
  5. Hodde v. SusanTexas Supreme Court · 1883

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3Cited by18 opinions

  1. Sparrow v. Vermont Savings BankSupreme Court of Vermont · 1921
  2. Mathes v. WilliamsCourt of Appeals of Texas · 1939
  3. Security State Bank v. SpinnlerCourt of Appeals of Texas · 1932
  4. Central Transfer & Storage Co. v. Wichita Falls Motor Co.Court of Appeals of Texas · 1920
  5. Kaufman County v. GastonCourt of Appeals of Texas · 1925

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