H. F. & E. D. Craddock v. Goodwin

Citations

• 54 Tex. 578
• 1881 Tex. LEXIS 67

Syllabus

<p>1. Joinder of parties.— Husband and wife may join as plaintffs in an action for damages for the wrongful seizure by attachment of property exempt by law from forced sale.</p> <p>2. Rule of construction—Pleading.— The same strictness of pleading in regard to joinder of parties and causes of action, does not prevail in Texas as is observed in states where the distinction between law and equity forms of action is recognized.</p> <p>3. Multifariousness.— See statement of case for a petition complaining of many matters, but held not liable to exception for multifariousness.</p> <p>4. Set-off.—-In a suit for the wrongful seizure under attachment of property exempt from forced sale, the defendant cannot plead in set-off the debt on which the attachment proceedings were based.</p> <p>5. Damages.— Expenses in attending court and loss of time by one whose property has been wrongfully seized under attachment, which were expended and incurred in defending the suit, cannot in an action for damages for wrongfully suing out the attachment, be considered as proof of actual injury.</p> <p>6. Fact case — Exemplary damages. — See statement and opinion for facts pleaded, connected with the seizure of property exempt from forced sale under attachment, which warranted a recovery of exemplary damages.</p> <p>7. Damages.— In an action for malicious trespass on personal property, while there is no certain fixed standard to govern the jury, they may properly consider not only what is due to the party complaining, but to the public, by inflicting the payment of speculative, exemplary or vindictive damages. But where no circumstances of malice, oppression or intentional wrong are shown, the usual measure of damages is the value of the property taken, and interest.</p>