McKee v. Coffin

Citations

• 66 Tex. 304
• 1 S.W. 276
• 1886 Tex. LEXIS 510

Syllabus

<p>1. Removal to united states court—Attachment—Damages—Marshal—A United States marshal, against whom suit is instituted in a state court to recover damages for an illegal seizure of property under an attachment not authorizing the seizure, is not entitled, merely because he is marshal, to remove the case to the federal court. (Authorities reviewed.)</p> <p>2. Same—Jurisdiction—The marshal’s filing a transcript of the record in the federal court, and the plaintiffs’ taking a non-suit there, after the overruling of the motion for removal, do not affect plaintiffs’ right to have the cause tried in the state court.</p> <p>3. Evidence—Execution of deed—See opinion for evidence of the execution of a deed of assignment held sufficient to authorize its admission in evidence.</p> <p>4. Assignor—Intention—An assignor is presumed to know that the deed of assignment, to be valid, must convey all his property, except such as is exempt; and is presumed to have intended to make a valid assignment.</p> <p>5. Assignment—Agency—Act of march 24, 1879—The act of March 24, 1879, regulating assignments, creates no exception to the general rule, that what a party under no disability may do in person, he may ordinarily do through an agent.</p> <p>6. Same—Validity—Inventory and schedule—It is not essential to the validity of an assignment that the inventory and schedule be verified by the oath of the debtor, nor that the court be able at any time to examine the assignor as to property supposed to be concealed, or to compel him to deliver such property to the assignee. i</p> <p>7. Same—Jurisdiction—The law simply makes an assignment, made under the laws of this state, valid here, and that the assignee may not be able to enforce it against property in another jurisdiction cannot affect its validity.</p> <p>8. Intervention—Legal right—Indemnity bond—Suit was instituted against a U. S. marshal to recover the value of property seized under attachment. Plaintiffs in the attachment proceedings so