Keating v. Vaughn
Texas Supreme Court
Appeal from Hays. Tried below before the Hon. L. W. Moore. Suit by Vaughn, assignee, against C. A. Keating and H. E. Barber, for the recovery of damages for seizing and taking away certain goods of the estimated value of $2,000. Vaughn averred that on the 9th of May, 1883, one W. D. Keith, an insolvent debtor, made an assignment of all his property, real and personal, other than such as was exempt from execution, to W. W. Peavy, a resident of said county, assignee for the…
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Appeal from Hays. Tried below before the Hon. L. W. Moore. Suit by Vaughn, assignee, against C. A. Keating and H. E. Barber, for the recovery of damages for seizing and taking away certain goods of the estimated value of $2,000. Vaughn averred that on the 9th of May, 1883, one W. D. Keith, an insolvent debtor, made an assignment of all his property, real and personal, other than such as was exempt from execution, to W. W. Peavy, a resident of said county, assignee for the benefit of his creditors, etc.; that Peavy accepted the trust, gave bond, took possession of the property, and entered…
1Opinion of the Court
Stayton, Associate Justice.
— The first assignment of error is: “ The court erred in overruling defendant’s general demurrer to plaintiff’s petition.”
Under this assignment it is contended that the county judge had no power, on the resignation of the assignee named in the trust deed, to appoint another assignee.
Neither by assignment of error, nor by proposition based on it, is it urged that the action of the county judge ivas not invoked by a proper person; hence that question need not be considered.
We are of the opinion that the resignation of the assignee, Peavy, was in contemplation of the…
2Cases cited5 opinions
- Brashear v. WestSupreme Court of the United States · 1833
- Burrows v. LehndorffSupreme Court of Iowa · 1859
- Kruse v. PrindleOregon Supreme Court · 1879
- Van Vleet v. SlausonNew York Supreme Court · 1866
- Livermore v. JenckesSupreme Court of the United States · 1859
3Cited by15 opinions
- Gus. Lewy & Co. v. FischlTexas Supreme Court · 1886
- Cunningham v. NortonSupreme Court of the United States · 1888
- Tackaberry v. City National BankTexas Supreme Court · 1893
- State ex rel. Fourth National Bank v. JohnsonWisconsin Supreme Court · 1899
- Johnson v. StarSupreme Court of the United States · 1933
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