Gust Heye & Co. v. W. L. Moody & Co.

Citations

• 67 Tex. 615
• 4 S.W. 242
• 1887 Tex. LEXIS 931

Syllabus

<p>1. Attachment—Levy.—While, as a general principle, goods seized under attachment by one officer can not be attached by another officer, the fact that a deputy sheriff is also a constable will not affect the levy of an attachment made by him as deputy sheriff upon goods already in the sheriff’s hands under former attachment. The possession of the deputy is the possession of the sheriff; his acts are the acts of his principal, and for their proper performance the principal is responsible.</p> <p>2. Leyv—Attachment.—One who has seized under attachment two different stocks of goods, may be compelled by a subsequent attaching creditor, whose writ was levied upon but one of the stocks, to exhaust first his remedy upon the goods on which he had secured an exclusive lien; nor is this right affected by any subsequent levy made by a third party.</p> <p>3. Statute Oonstbued.—Article 4520, Revised Statutes, construed.</p> <p>4. Oases Reviewed.—Vinton v. Bradford, 13 Massachusetts, 116, and Watson v. Todd, 5 Massachusetts, 273, reviewed.</p>