Millikin v. Smoot

Citations

• 71 Tex. 759
• 12 S.W. 59
• 1888 Tex. LEXIS 1221

Syllabus

<p>1. Parties—Trustee.—A wife who is trustee holding funds for her children invested the proceeds in horses. Her husband in her right sues a trespasser for taking the horses. Held-. That her children were not necessary or proper parties.</p> <p>2. Depositions.—It is competent for the court to allow an officer taking depositions to supply an omission, the court being satisfied that the depositions have not been tampered with.</p> <p>3. Separate Trespasses.—A sheriff under an execution seized a herd of stock horses on the range; on same day and under same writ he seized other work horses, taking them from the plow and wagon of the party claiming the horses. Forthwith the claimant established his claim to the work horses, and by separate action sued for damages for the seizure of the horses on the range. Held: That the second action was not barred by the first, there being two separate and distinct trespasses.</p>