Charles Heidenheimer & Co. v. Sides

Citations

• 67 Tex. 32
• 2 S.W. 87
• 1886 Tex. LEXIS 610

Syllabus

<p>1. Attachment—Wrongful Seizure—Liability—Officer.—The owner of goods seized under a writ of attachment against another can not recover from the officer levying the writ more than actual damages, if' the writ was, upon its face, valid, if there was evidence that goods of the defendant in attachment were stored with goods of the plaintiff, and if the officer acted without malice, but in good faith, believing that the goods seized belonged to the defendant in attachment.</p> <p>2. Same—Plaintiff in Attachment.—A plaintiff in attachment, not having authorized his agent to seize goods of another than the defendant in attachment, and being ignorant of any wrongful seizure by his agent, is not liable for exemplary damages to the owner of goods wrongfully seized.</p>