Meader Co. v. Aringdale
Texas Supreme Court
Error frpm Waller. Tried below before the Hon. Win. H. Burk-hart. An execution issued out of the district court of Waller county, April 27, 1880, in favor of plaintiffs in error and against E. P. Alsbury, which was on the 28th day of April, 1880, levied upon personal property found in the possession of E. P. Alsbury, a part of which was claimed by Thomas Aringdale through his agent, E. P. Alsbury, who filed his claim bond and affidavit, dated April 30, 1880, for the trial of…
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Error frpm Waller. Tried below before the Hon. Win. H. Burk-hart. An execution issued out of the district court of Waller county, April 27, 1880, in favor of plaintiffs in error and against E. P. Alsbury, which was on the 28th day of April, 1880, levied upon personal property found in the possession of E. P. Alsbury, a part of which was claimed by Thomas Aringdale through his agent, E. P. Alsbury, who filed his claim bond and affidavit, dated April 30, 1880, for the trial of the right of property. October 9th, claimant filed his motion to quash the execution for the following reasons: First,…
1Opinion of the Court
Walker, P. J. Com. App.
The motion to quash the execution came too late, even though it had been made by the defendant in execution. The execution had been returned, and the motion was filed after the return day of the execution. The execution was, in fact, returned and actually filed in court before the motion was entered. Scott & Rose v. Allen, 1 Tex., 508.
The claimant was not entitled to assert .the invalidity of the execution (it being against another person) unless it was void. Portis v. Parker, 22 Tex., 707; Hancock v. Hetz, 15 Tex., 205; Webb ’v. Mallard, 27 Tex., 80. Hpon its face it…
2Cases cited6 opinions
- Boggess v. HowardTexas Supreme Court · 1874
- Webb v. MallardTexas Supreme Court · 1863
- Hill v. CunninghamTexas Supreme Court · 1860
- Hancock v. MetzTexas Supreme Court · 1855
- Portis v. ParkerTexas Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hamburg v. O. P. Wood & Co.Texas Supreme Court · 1886
- Ramsey v. GardnerTexas Supreme Court · 1955
- Livingstone v. WrightTexas Supreme Court · 1887
- Wingfield v. HackneyCourt of Appeals of Texas · 1902
- Laird v. Williams & ChastainCourt of Appeals of Texas · 1929
2 more not listed; retrieve them via the Exa API.