Smith v. Adams
Texas Supreme Court
Appeal from Jasper. Tried below before the Hon. A. W. 0. Hicks The appellant, as guardian of two minor heirs of Asa Hickman, deceased, instituted this suit against Abel Adams, R. A. Eeyland and Henry C. Hicks, .the appellees, for the recovery of a slave named Abe, who, in the distribution of Hickman’s estate, had been allotted to the said minors; and which slave, it was alleged, had been decoyed by some of the defendants to the county of Jasper, and there wrongfully seized…
Read the full summary
Appeal from Jasper. Tried below before the Hon. A. W. 0. Hicks The appellant, as guardian of two minor heirs of Asa Hickman, deceased, instituted this suit against Abel Adams, R. A. Eeyland and Henry C. Hicks, .the appellees, for the recovery of a slave named Abe, who, in the distribution of Hickman’s estate, had been allotted to the said minors; and which slave, it was alleged, had been decoyed by some of the defendants to the county of Jasper, and there wrongfully seized by them by a writ of sequestration. The petition also set out sundry lawsuits instituted by the defendants against the…
1Opinion of the CourtWheeler, C. J.
We are of opinion that there is no error in the judgment. IF the plaintiffs had been wrongfully harrassed by suits by the defendants, their only remedy was to defend the suits successfully, and visit the costs upon the parties suing. Every *30one is liable to be harassed and injured in his property and feelings by unfounded suits, but this is -not an injury for which he can have legal redress. To give a right to - such redress, there must not only be a loss, but it must have been caused by the violation of some legal right. And no one can claim a legal exemption from suit by another who fancies…
2Cited by25 opinions
- Sakowitz, Inc. v. SteckTexas Supreme Court · 1984
- Runge v. FranklinTexas Supreme Court · 1889
- Bickel v. MacKieDistrict Court, N.D. Iowa · 1978
- Pye v. CardwellTexas Supreme Court · 1920
- Johnson v. King & DavidsonTexas Supreme Court · 1885
20 more not listed; retrieve them via the Exa API.