Cahn Bros. & Co. v. Bonnett
Texas Supreme Court
Appeal from Kaufman. Tried below before the Hon. Green J. Clark. The appellee brought this suit in the district court of Kaufman county, March 16, 1882, to recover §5,000 damages of the appellants for an alleged trespass upon and conversion of certain personal property belonging to him.
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Appeal from Kaufman. Tried below before the Hon. Green J. Clark. The appellee brought this suit in the district court of Kaufman county, March 16, 1882, to recover §5,000 damages of the appellants for an alleged trespass upon and conversion of certain personal property belonging to him. In his petition he alleged his ownership, its situation in Kaufman county, its unlawful seizure while there by appellants, and their conversion thereof to their own use and benefit, as also the value of the same. He charged malice in the seizure, with the purpose on part of appellants of injuring, vexing and…
1Opinion of the Court
Watts, J. Com. Apr.
Assuming that the attachment was wrongfully sued out by appellants, then it could not be controverted but that appellee might have maintained an action against them in the county where the writ issued for the damages resulting from the wrongful act. Such a suit might have been maintained upon the attachment bond, or else, at the option of appellee, against the appellants alone. A suit upon the bond, while one, is not the sole remedy for the wrongful act to which the party injured had the right to resort.
Obviously, the mere wrongful suing out of the writ, without anything…
2Cases cited2 opinions
- Hubbard v. LordTexas Supreme Court · 1883
- Illies v. KnightTexas Supreme Court · 1848
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- Thomas Goggan & Bros. v. MorrisonCourt of Appeals of Texas · 1913
- Vaught v. JonesCourt of Appeals of Texas · 1928
- Crespi v. WigleyCourt of Appeals of Texas · 1929
- Geary v. WordCourt of Appeals of Texas · 1924
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