Weyer v. Wegner

Citations

• 58 Tex. 539
• 1 Tex. L. R. 878
• 1883 Tex. LEXIS 62

Syllabus

<p>1. Evidence—Damages eor trespass.—In an action for damages against several. for acting as confederates in an illegal entry upon premises jointly owned by two plaintiffs, the entry was charged as being wanton, vexatious and malicious. It was made without warrant of law, and over the protest of plaintiffs, with the avowed purpose of searching for stolen hides. Held,</p> <p>(1) That it was not error to admit evidence of insulting language used by the trespassers to one of the plaintiffs at the time, indicating a belief that there was property on the premises acquired in violation of the criminal laws of the state which one of the plaintiffs was endeavoring to conceal.</p> <p>(2) In order to show whether the entry was vexatiously, wantonly and maliciously made, it was proper to show the acts and declarations of the parties at the time, which gave color to the entry and showed its purpose.</p> <p>(3) Such an entry being shown without legal authority, and with no probable cause to believe that stolen property was secreted, it was proper to return a verdict for exemplary damages.</p>