Rodrigues v. Trevino

Citations

• 54 Tex. 198
• 1880 Tex. LEXIS 145

Syllabus

<p>1. Attachment.— One having an interest in personal property seized under attachment proceedings, to which he is not a party, has his election to replevy and try his right to it under the statute, to sue the sheriff for the trespass committed by his wrongful levy, or sue the purchaser holding under the sheriff’s sale.</p> <p>2. Attachment.—A party claiming title adverse to that of a defendant in attachment has no claim to money realized by the sheriff at the attachment sale. If in equity he could assert a claim to the money he would have to show a valid excuse for his failure to resort to the adequate remedies afforded him at law.</p> <p>3. Parties.—In a proceeding against a sheriff and his securities, to recover money in his hands, the proceeds of property sold under attachment, in a proceeding to which the plaintiff was not a party, prosecuted on the ground that the plaintiff was a joint owner of the property sold, the defendant in attachment is a necessary party.</p> <p>4. Final judgment.—A judgment against one of three defendants, the record failing to disclose whether the other two were served, made a voluntary appearance, or what action was taken regarding them, is not a final judgment.</p>