Tompkins v. Toland

Citations

• 46 Tex. 584

Syllabus

<p>1. Parties—Practice.—In suits for damages for wrongfully suing out and levying a writ of sequestration, it is proper practice to make tlie sureties on the sequestration bond parties defendants.</p> <p>2. Same.—The sureties have an immediate and direct interest in the amount of damages for which they are bound being properly ascertained, and so they are proper parties to a suit by which this is to be done.</p> <p>3. Damages to property of an estate.—For damage to the property of an estate, by its wrongful seizure, under a writ of sequestration, an action lies. The fact that the petition contains allegations of wrong to the representative of the estate, will not affect the right of such representative to sue for the injury to the propert)'- in course of administration.</p> <p>4. Seal.—The fact that a sequestration bond does not require a seal, must be regarded as finally settled.</p> <p>o. Opinion of witness.—A question and answer given, which affords a conclusion from facts known to the witness, may properly go to the jury as evidence, though the weight of such testimony be little.</p> <p>6. Fact case.—See facts insufficient to support the verdict.</p> <p>7. Damages.—Decline in the price of cotton after a sequestration levied upon cotton has been dismissed, and the cotton restored, cannot, in a suit for damages for seizure of such cotton, he charged to the plaintiff in the sequestration suit; nor is loss from improper handling of such cotton, after it was replevied by defendant, to be charged to the plaintiff.</p> <p>8. Assignment of error.—See assignments held indefinite.</p>