Fuller v. Sparks

Citations

• 39 Tex. 136

Syllabus

<p>1. A judgment in a justice’s court rendered upon imperfect service cannot be attacked in an action in trespass against the officer for seizing property, under an execution issued under it.</p> <p>2. An action lies against an officer for wrongfully seizing property under execution ; it is not necessary to interfere by injunction.</p> <p>3. An execution debtor can select what of his property he wishes to be exempted under the law, provided it be done in good faith and without attempting thereby to cover up other property from the officer seeking a levy.</p> <p>4. A merchant has no right to divide his book account and sue upon each part, but he may credit the account so as to bring it within the jurisdiction of the justice’s court, and maintain suit on such remainder.</p>