Legal Opinion

Pye v. Cardwell

Texas Supreme Court

Decided May 19, 1920No. 2766PublishedCited by 56 opinions

Question certified from the Court of Civil Appeals for the First District, in an appeal from the County Court of Galveston County. The suit was by Margaret Cardwell against B. F. Pye, T. S. Russell, and L. Perl.« Plaintiff recovered and 'on appeal by defendants the judgment was reversed and rendered in their favor. Pending a motion for rehearing the question here answered was certified to the Supreme Court.

1Opinion of the CourtJustice Greenwood

The question certified is whether a cause of action was alleged by appellee for damages, actual and exemplary, resulting from the institution against her, of seven suits, at the instigation of appellants. It was averred that the suits were brought in furtherance of a conspiracy by the three appellants to unlawfully extort money from appellee, which appellants knew she did not owe; that appellants used, the names of other persons in bringing the suits; that as fast as appellee employed counsel to present her defense in each suit, it was dismissed and a new suit was filed in a different place;…

2Cases cited5 opinions

  1. Salado College v. DavisTexas Supreme Court · 1877
  2. Closson v. StaplesSupreme Court of Vermont · 1869
  3. Johnson v. King & DavidsonTexas Supreme Court · 1885
  4. Vance v. UpsonTexas Supreme Court · 1885
  5. Smith v. AdamsTexas Supreme Court · 1863

3Cited by56 opinions

  1. Texas Beef Cattle Co. v. GreenTexas Supreme Court · 1996
  2. Martin v. TrevinoCourt of Appeals of Texas · 1978
  3. Ross v. Arkwright Mutual Insurance Co.Court of Appeals of Texas · 1995
  4. Blackstock v. TatumCourt of Appeals of Texas · 1965
  5. Louis v. BlalockCourt of Appeals of Texas · 1976

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