S. Jacobs, Bernheim & Co. v. Crum

Citations

• 62 Tex. 401
• 3 Tex. L. R. 408
• 1884 Tex. LEXIS 257

Syllabus

<p>1, Practice.— A motion to exclude evidence to sustain a claim for exemplary damages, after the party offering it has closed his case, on the ground that the evidence is not sufficient to sustain the plea, is in the mature of a demurrer to evidence, but is an. irregular proceeding, and it is not error to overrule such a, motion,</p> <p>2. Same,— One who by bis conduct ratifies and confirms the act of his agent who sues out an attachment, knowing the grounds on which the writ is obtained are without foundation, is liable in. exemplary damages.</p> <p>3. Malice — Probable cause.—Malice in suing out a writ of attachment may be implied front the want of probable cause,</p> <p>4, Pact case.— See opinion for facts held proper to be considered in determining the responsibility of a principal for the malicious act of his agent in suing out a writ of attachment.</p> <p>5. Advice of counsel—It is not error to refuse to charge a jury that the advice of counsel given in a case, truly stated, whether correct or not, will constitute a protection to the client, if, in pursuing it, he begins attachment proceedings, when its tendency would be to divert the jury from considering independent evidence of a malicious intent.</p> <p>6. Charge of court.— Instructions, though abstractly proper, which gjiw© undue prominence to an isolated fact, should be refused when the court has already charged the jury correctly on the law of the case,</p> <p>7. Malice — Probable cause.—The question of malice is for the jury; ihmay be implied from a want of probable cause; this implication is, however, subject to be repelled by facts and circumstances indicating a fair and legitimate purpose in the honest pursuit of a claim believed to be just. Citing Culbertson v. Cabeen, 29 Tex., 356.</p> <p>8. Fact case.— See opinion for facts held properly admissible in evidence as tending to show the absence of probable cause in suing out a writ of attachment.</p> <p>9. Advice of counsel— In an action for maliciou