B. Hardeman & Son v. Morgan
Texas Supreme Court
Appeal from Nacogdoches. Tried below before the Hon. R. S. Walker. B. Hardeman & Son, November 17, 1873, sued, by attachment, defendant Morgan, for balance of $126.30 gold, on a loan of $150 gold, made by plaintiffs to defendant. The attachment was levied on 11,138 pounds seed cotton, the property of defendant. May 25, 1875, defendant denied the indebtedness under oath.
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Appeal from Nacogdoches. Tried below before the Hon. R. S. Walker. B. Hardeman & Son, November 17, 1873, sued, by attachment, defendant Morgan, for balance of $126.30 gold, on a loan of $150 gold, made by plaintiffs to defendant. The attachment was levied on 11,138 pounds seed cotton, the property of defendant. May 25, 1875, defendant denied the indebtedness under oath. September 19, 1876, defendant pleaded payment in cotton; reconvened for excess of value in cotton delivered to plaintiff over amount of the account; reconvened in damages for the wrongfully suing out of the attachment,…
1Opinion of the Court
Moore, Associate Justice.
We are inclined to the opinion, that we should have to say, if we were required to pass upon them, that several of the errors assigned for the reversal of the judgment in this case are well taken.
The special exception to appellee’s answer, claiming damages for the wrongful levy of the attachment, and the objection to the testimony of the witness Ashley, should, it seems to us, have been sustained. And if, as the presiding judge evidently supposed, the verdict of the jury giving damages in favor of appellee was not warranted by the evidence, we do not see that the…
2Cases cited1 opinion
- Thomas v. WomackTexas Supreme Court · 1855
3Cited by14 opinions
- Texas Mexican Railway Co. v. JarvisTexas Supreme Court · 1891
- Brunson v. Dawson State BankCourt of Appeals of Texas · 1915
- Chandler v. Cashway Building Materials, Inc.Court of Appeals of Texas · 1979
- Higgins v. Standard LloydsCourt of Appeals of Texas · 1941
- International & Great Northern Railroad v. WilkesTexas Supreme Court · 1887
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