Rountree v. Walker

Citations

• 46 Tex. 200

Syllabus

<p>1. Judgment—Injunction.—A judgment rendered by a justice of the peace, which is not appealed from, and which directs a forced sale of articles for its satisfaction, which are exempt under law from forced sale, is not a nullity, however erroneous; and when no means have been used to correct the error by appeal, the conclusive force of the judgment cannot be evaded by a resort to injunction.</p> <p>2. Damages.—A suit maybe maintained in the District Court for damages for the wrongful and malicious levy of a writ of sequestration, when the amount claimed exceeds the j urisdiction of the magistrate; and this, though the judgment of the magistrate ordering that the property seized should be sold, stands in full force and not appealed from.</p> <p>3. Damages—Pleading.—In a suit for damages claimed for the wrongful and malicious suing out and levying a writ of sequestration, the plaintiff should plead and show, what affidavit was made by the defendant to obtain the writ, and negative the truth of it. If no such affidavit was made, that fact should be stated, and that the writ was issued at the instance of the defendant.</p> <p>4. Officer—Damages.—Ho recovery can be had against an officer for malicious use of process, who, when directed by a magistrate, levies <a writ of sequestration on property, unless it is alleged and proved that he conspired with or instigated the plaintiff in Ihe malicious issuing and levy of the writ.</p>