Smith v. Horton
Texas Supreme Court
Application for writ of error to the Court óf Civil Appeals for the Fifth District, in an appeal from Hunt County. Smith sued in the District Court to restrain Horton, the constable, from selling under execution a bicycle claimed to be exempt. He appealed from an order dissolving the _ injunction on final hearing, and on affirmance of this judgment by the Court of Civil Appeals applied for a writ of error.
1Opinion of the Court
GAINES, Chief Justice.
This was a petition for writ of injunction, brought in the District Court, to restrain defendant, a constable, from selling a bicycle belonging to the plaintiff at execution sale. The property was claimed to be exempt from forced sale as a tool or apparatus of the plaintiff’s profession. He was an architect. The value of the bicycle is nowhere alleged in the petition. The damages claimed for the seizure are only $50. There is an allegation that plaintiff paid $50 for the bicycle, and while this possibly may be taken as some evidence of value, it is in our opinion in no…
2Cited by18 opinions
- Richardson v. First National Life Insurance Co.Texas Supreme Court · 1967
- In Re LevaUnited States Bankruptcy Court, W.D. Texas · 1989
- Style v. LantripCourt of Appeals of Texas · 1914
- McMillan v. DeanCourt of Appeals of Texas · 1943
- Cates v. McClureCourt of Appeals of Texas · 1901
13 more not listed; retrieve them via the Exa API.