Half, Weiss & Co. v. Curtis

Citations

• 68 Tex. 640
• 5 S.W. 451
• 1887 Tex. LEXIS 742

Syllabus

<p>1. Evidence.—Though in some instances an expert may give his opinion or . conclusion arising on facts, he can not do so when the character of an act is in question, and can be determined only by the application of rules of law to a given state of facts. A witness can not give his opinion in a suit brought to recover damages for wrongfully suing out an attachment, as to whether the defendant in attachment ever “did any act or thing to defraud his creditors.” Such opinion would involve the conclusion of the witness both as to law and fact, and invade the province of both judge and jury.</p> <p>2. Attachment.—The rule that an action to recover actual damages for the wrongful suing out and levy of an attachment must be based on the attachment bond, has not been recognized in Texas; the bond is the foundation of the liability of the sureties, but not of the principal. As against the principal a suit may be maintained against him for wrongfully sueing out the attachment, either on his bond or on his liability, which, independent of the bond, resulted from his wrongful act in resorting without just cause to the process of attachment.</p> <p>3. Oharue of Court.—It can not be urged on appeal that a charge of the court was lacking in completeness as applicable to the case made by the evidence, where no effort was made on the trial by the appellant to have its defects remedied by asking further instructions.</p>