First Bank of Mertens v. Steffens

BOOKHOUT, Associate Justice.

This suit was brought by appellee against appellant for damages on account of the levy of an execution. It is charged that the property seized was exempt property and that the judgment on which the execution was issued was satisfied prior to the issuance of the execution. The plaintiff claimed actual damages and exemplary damages. The trial before a jury resulted in a verdict in favor of the plaintiff for actual and exemplary damages, upon which the court rendered judgment. Motion for a new trial was overruled from which this appeal was prosecuted.

It is insisted…