Jones & Nixon v. First State Bank of Hamlin
Texas Supreme Court
Error to the Court of Civil Appeals, Second District, in an appeal from Jones County. Jones & Nixon sued the First State Bank of Hamlin, with whom was joined the sheriff and his sureties, for unlawful seizure and conversion of partnership- property by levy of a writ of attachment against Nixon thereon.
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Error to the Court of Civil Appeals, Second District, in an appeal from Jones County. Jones & Nixon sued the First State Bank of Hamlin, with whom was joined the sheriff and his sureties, for unlawful seizure and conversion of partnership- property by levy of a writ of attachment against Nixon thereon. Plaintiffs had judgment for $27.08, the value of a small part of the property which had been actually taken into possession and converted under the writ, but were denied any further recovery. They appealed and on affirmance obtained writ of error.
1Opinion of the CourtChief Justice Bbown
We copy from the opinion of the Court of Civil Appeals the following ■statement of the case:
“Jones & Nixon as partners were dealers in wood at Hamlin, Nixon being the sole managing partner and Jones living in an adjoining county. The First State Bank of Hamlin instituted a suit against Nixon, and on the 21st day of March, 1908, caused the issuance of an •attachment for the purpose of a levy upon ten hundred and forty-two cords of wood, the greater part of which had been cut and stacked upon the right of way of the railway penetrating Hamlin. The remainder of the wood was situated in an…
2Cited by4 opinions
- Osborn v. PaulCourt of Appeals of Texas · 1930
- Schulte v. Republic Supply Co.Court of Appeals of Texas · 1927
- Beaurline v. Sinclair Refining Co.Court of Appeals of Texas · 1945
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1943