Biering v. First National Bank
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. W. H. Stewart. Suit filed in the district court of Galveston county, September 26,1884, by appellant, for actual and exemplary damages for the alleged wrongful and malicious suing out of writs of attachment and garnishment and seizing appellant’s effects. The petition fully alleged the trespass and damages.
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Appeal from Galveston. Tried below before the Hon. W. H. Stewart. Suit filed in the district court of Galveston county, September 26,1884, by appellant, for actual and exemplary damages for the alleged wrongful and malicious suing out of writs of attachment and garnishment and seizing appellant’s effects. The petition fully alleged the trespass and damages. October 10,1884, appellee answered by general demurrer, general denial, and setting up justification of the writs, and advice of counsel, and denying malice. It was also alleged and proved that certain insurance money, to which plaintiff…
1Opinion of the Court
Acker, Judge.
Appellant insists under the third assignment of error that “That the court erred in its charge, because the charge excludes from the consideration of the jury the damages to appellant’s credit as a merchant as actual damages, and restricts actual damages to interest on the insurance money tied up by the garnishments.”
The charge of the court directed the jury, if they believed from the evidence that the affidavit for attachment was not true, to find as actual damages, interest upon the insurance money detained by the garnishment proceeding at eight per cent for the length of time…
2Cases cited3 opinions
- P. J. Willis & Bro. v. McNeillTexas Supreme Court · 1882
- Wheatley v. GriffinTexas Supreme Court · 1883
- Cheatham v. RiddleTexas Supreme Court · 1854
3Cited by44 opinions
- Richey v. Brookshire Grocery Co.Texas Supreme Court · 1997
- Stooksbury v. SwanTexas Supreme Court · 1893
- Marathon Oil Co. v. Salazar, Texas Court of Appeals, 1st District (Houston)1984
- Eans v. Grocer Supply Co., Inc.Court of Appeals of Texas · 1979
- Parker v. Dallas Hunting and Fishing ClubCourt of Appeals of Texas · 1971
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