Cone v. Lewis

Citations

• 64 Tex. 331

Syllabus

<p>1. Exemplary damages — Allegations.— The averment in a petition that the defendant wrongfully and maliciously seized and converted a dray, the property of the plaintiff, who was the head of a family, and a licensed dray-man and the owner of no other vehicle, to the special injury of his business (which was set forth) as a drayman, was sufficient to sustain an action for exemplary as well as actual damages. (Following cases cited in the opinion.)</p> <p>2. Officers.— An officer is not liable for exemplary damages, who in a proper manner and in good faith seizes property under a writ which he holds; but it affords no such protection to him when he wilfully uses process in his hands to accomplish a purpose forbidden by law and thereby becomes its violator.</p> <p>3. Exemption — Intention.— The statute exempts from forced sale one wagon and one carriage or buggy; in determining whether a dray is included within the meaning of the term “wagon,” the intention of the legislature in giving the exemption must be considered and followed. The intention was to protect ail heads of families in the pursuit of their occupations, and a correct construction of the law would seem to protect draymen and cart-men in the possession of their vehicles. (See cases cited in the opinion.)</p> <p>4. Same.— The statute does not give the exemption of a vehicle which may be classed as a “ wagon ” to those pursuing any given occupation, alone, but “ to every family.” In the case of a drayman the exemption would seem peculiarly appropriate and in harmony with the spirit of the statute, which exempts “ all implements of husbandry,” and “ all tools, apparatus and books belonging to any trade or profession.”</p> <p>6. Same.— In rendering judgment against a defendant for the value of an exempt article wrongfully sold by him under execution, it would defeat the object of the statute to deduct from the actual value of the exempt property the sum realized from its wrongful sale and applied by the defe