Harris v. Finberg

Citations

• 46 Tex. 79

Syllabus

<p>1. Liability of wife on note made by her.—The name of the wife being found on a promissory note conjointly with that of her husband, does not raise a legal presumption that she is, either jointly or severally, liable on it.</p> <p>2. Damages on sequestration—Evidence.—It is error to admit evidence of damage resulting from the depreciation in the market price of goods seized under writ of sequestration, in the absence of' any allegation in the pleadings that such special damage had been sustained; being an uncertain and not necessarily a natural or legal consequence of the seizure and detention, such damage must be specially pleaded.</p> <p>3. Cases discussed.—Haldeman v. Chambers, 19 Tex., 52; Clardy v. Callicoate, 24 Tex., 173; Portier v. Fernandez, 35 Tex., 535; Seiling v. Gunderman, 35 Tex., 515; Stetson v. Le Blanc, 6 La., O. S., 270; Littlejohn v. Wilcox, 2 La. Ann., 620; 21 Ala., N. S., 496; 8 B. Mour., 51-160; Kirksey v. Jones, 7 Ala., 622.</p> <p>4. Sequestration—Burden of proof.—The fact that a plaintiff, who has caused goods to be seized under a writ of sequestration, has established his debt and the validity of a written lien, by which he was authorized to take possession of and sell the mortgaged goods in the event his debt was not paid, does not preclude the defendant from showing that the suing out of the writ was -wrongful, by negativing, on the trial, the truth of the grounds on which it was issued; but it is incumbent on the defendant to make out by evidence a prima facie case that the suing out of the writ was wrongful, before the plaintiff can be required to disprove it.</p> <p>5. Sequestration—Measure of damages.—Where the suing out and levy of a writ of sequestration is malicious, exemplary damages may be awarded; where it is merely wrongful, without malice, actual damages only can be allowed; but in no case can the value 'of the defendant’s time, while attending court, or any such incidental expense, be allowed as a proper element of actual