Dixon v. Zadek

Citations

• 59 Tex. 529
• 1883 Tex. LEXIS 219

Syllabus

<p>1. Judgment.— When a claimant flies bond and affidavit, alleging ownership o£ goods seized under execution by the judgment creditor, and a demurrer to the sufficiency of the claim and affidavit is sustained, the judgment on the demurrer, when there is no offer to cure alleged defects, is as conclusive a determination of the cause as would be a finding and judgment upon evidence. Such a judgment is res adjudícala, and may be pleaded as such in a subsequent suit between the same parties or their privies.</p> <p>2. Same.— When such a demurrer was sustained, and the claim to the property “ dismissed,” the judgment creditor was entitled, under art. 4843, R. S., toa judgment against the sureties on the claimant’s bond, and against the claimant for the value of the property, with legal interest thereon from the date of the bond. A dismissal of the claim could not deprive him of that right, and the proper practice would be to ascertain the value of the property after the demurrer is sustained and render a judgment for that amount.</p>