Findley v. Mitchell
Texas Supreme Court
Appeal from Cherokee. Tried below before the Hon. E. S. Walker. October 19, 1875, Mitchell sued, in the District Court of Cherokee count)7, Findley, a constable, and his sureties, for wrongfully refusing plaintiff the right to replevy certain gin-gearing, seized by the constable under a writ of sequestration. Mitchell employed counsel to aid in replevying the sequestered property, and he set up the counsel fees as part of his damages.
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Appeal from Cherokee. Tried below before the Hon. E. S. Walker. October 19, 1875, Mitchell sued, in the District Court of Cherokee count)7, Findley, a constable, and his sureties, for wrongfully refusing plaintiff the right to replevy certain gin-gearing, seized by the constable under a writ of sequestration. Mitchell employed counsel to aid in replevying the sequestered property, and he set up the counsel fees as part of his damages. On the trial, the jury found a verdict for $150 actual damages, and $300 exemplary damages, against Findley and Gaston. The facts are sufficiently set out in…
1Opinion of the Court
Gould, Associate Justice.
Mitchell was in possession of and using about his gin and mill the running gear of a cotton gin which had been loaned to him by Gaston, but which Gaston only controlled by virtue of an ageneyfrom Stewart & Nunn to look after their interest in a certain league of land. On this league of land was the old Duren place, and from that place Mitchell, by Gaston’s permission, took the gin-gearing and used it for two years. Gaston sued out a writ of sequestration for the gin-gearing, which writ was executed by Constable Findley, who at first refused to allow Mitchell to…
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