Hogan v. Kellum
Texas Supreme Court
Appeal from Harris. Action by the appllee against the appellant, commenced May 10th, 1852, for unlawfully taking possession of a mule belonging- to the plaintiff, of the value of $150, and converting it to his own use ; prayer for the possession of the mule or its value; amendment “And he furth- “ er charges and alleges that the said defendant took out of “ the possession of the plaintiff and converted to his own use, “ the said mule, without any right whatever or by any…
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Appeal from Harris. Action by the appllee against the appellant, commenced May 10th, 1852, for unlawfully taking possession of a mule belonging- to the plaintiff, of the value of $150, and converting it to his own use ; prayer for the possession of the mule or its value; amendment “And he furth- “ er charges and alleges that the said defendant took out of “ the possession of the plaintiff and converted to his own use, “ the said mule, without any right whatever or by any authority of law, to plaintiff’s damage five hundred dollars.” Answer that defendant, being Sheriff of Harris county, took…
1Opinion of the CourtWheeler, J.
The process under which the Sheriff acted, was clearly void upon its face, consequently he could not justify under it, and there was no error in the judgment sustaining exceptions to the plea of justification. But the suit was for the recovery of the mule or its value; the petition alleging a conversion by the defendant, but praying judgment specially for the recovery of the possession of the property, or its value, in the alternative. The verdict was for the plaintiff for the highest estimated value of the property ; and the judgment *399followed the verdict. Yet the evidence showed that after…
2Cited by10 opinions
- Jordan v. MasseyCourt of Appeals of Texas · 1911
- I. & G. N. R. R. Co. v. GordonTexas Supreme Court · 1888
- Texas Employers Insurance Ass'n v. BaezaCourt of Appeals of Texas · 1979
- Saner-Whiteman Lumber Co. v. Texas & N. O. Ry. Co.Texas Commission of Appeals · 1926
- White v. Texas Motor Car & Supply Co.Texas Commission of Appeals · 1921
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