Friedlander v. Ehrenworth

Citations

• 58 Tex. 350
• 1883 Tex. LEXIS 24

Syllabus

<p>1. Injunction.— Where fraud is the gravamen of a petition for injunction, the dissolution of the injunction will not follow as a necessary result of an answer denying all the material allegations of the petition; nor will the injunction be dissolved when it is apparent that the plaintiff would, without the protection afforded by the writ, lose all the benefit which would otherwise accrue to him should he finally succeed in the action.</p> <p>2. Same.— In cases like those mentioned above, the supreme court will not disturb the action of the court below in refusing to dissolve the injunction, when no abuse of judicial discretion is shown.</p> <p>3. Injunction — Sheriff’s return.—The valuation of goods, as fixed by the officer in his return upon a writ of injunction, is not conclusive on the party claiming ownership.</p> <p>4. Damages.— Goods alleged to have been fraudulently purchased were, by order of the court, placed in the hands of a receiver and afterwards sold by him. After the writ of injunction which issued in the cause was dissolved, the proceeds of sale were deposited subject to the order of court, after deducting one hundred dollars for the receiver as expenses in managing the goods and making the sale. The jury, by their verdict for the defendant, having found the purchase was in good faith, held,</p> <p>(1) The refusal of the court to charge that the jury were not confined, in assessing the value of the goods, to the valuation placed thereon by the sheriff in his return upon the writ of injunction, was error.</p> <p>(2) The defendant was entitled to a verdict for the proceeds of sale deposited by the receiver, and also for the difference between that amount and the actual value of the goods, which would amount at least to the hundred dollars retained by the receiver to cover expenses.</p> <p>(3) A verdict for defendant, which allowed one dollar as actual damages, was not supported by evidence, and a new trial should have been granted.</p>