Giraud v. Moore
| Decision Date | 14 May 1894 |
| Citation | 26 S.W. 945 |
| Parties | GIRAUD v. MOORE. |
| Court | Texas Supreme Court |
Action by W. T. Moore, Jr., against Louis Giraud, aided by attachment and garnishment, to foreclose a vendor's lien. Defendant pleaded in reconvention for the wrongful suing out of the attachment and garnishment. Judgment for plaintiff foreclosing the vendor's lien, and for defendant, on his plea in reconvention, for nominal damages only. Defendant appealed. Affirmed (24 S. W. 652), and question certified to supreme court. Affirmed.
Ward & Faulk, for appellant.
The court of civil appeals for the third supreme judicial district certifies for our determination the following questions:
It has been repeatedly held by this court that, where no actual damage is shown, there can be no recovery for exemplary damages. Flanagan v. Womack, 54 Tex. 45; Trawick v. Martin-Brown Co., 79 Tex. 460, 14 S. W. 564; Jones v. Matthews, 75 Tex. 1, 12 S. W. 823. Without entering upon any discussion of the question, either upon principle or authority, we deem it sufficient to say that we regard the rule laid down by this court as safe and salutary, and that we are not disposed to disturb it. We therefore answer the first question in the negative.
We are also of the opinion that the same answer should be given to the second question. The loss for which a recovery may be had in an action against a wrongdoer must be the result of the wrong inflicted. In order to recover damages, the party complaining must show, not only that he has suffered the loss, but also that it would...
To continue reading
Request your trial
-
Doubleday & Co., Inc. v. Rogers
...S.W.2d 446, 450 (Tex.1980). See also Fort Worth Elevators Co. v. Russell, 123 Tex. 128, 70 S.W.2d 397, 409 (1934); Girard v. Moore, 86 Tex. 675, 26 S.W. 945, 946 (1894); Garza v. San Antonio Light, 531 S.W.2d 926, 930 (Tex.Civ.App.--Corpus Christi 1975, writ ref'd n.r.e.); Anderson v. Alcus......
-
Commonwealth of Massachusetts v. Davis
...these circumstances the corporation suffered no loss, and Davis, as a stockholder, has not been damaged. In the case of Girard v. Moore, 86 Tex. 675, 26 S.W. 945, 946, this Court "The garnishment of the shares in an incorporated or in a joint-stock company operates as a restraint upon the o......
-
Commonwealth of Massachusetts v. Davis
...Co. v. Bigham, 90 Tex. 223, 38 S.W. 162, cited and relied on by appellee, as being authority for our conclusions. See also Giraud v. Moore, 86 Tex. 675, 26 S.W. 945; Olivares v. Garcia, 127 Tex. 112, 91 S.W.2d 1059, and Garner v. Crawford, Tex.Civ. App., 22 S.W.2d In the Bigham case [90 Tex......
-
Allen v. Melton
... ... Chicago, etc., R. Co., 74 Iowa, 137, 141, 37 N.W. 116, ... 118. Accordant: Girard v. Moore, 86 Tex. 675, 676, ... 26 S.W. 945; Seal v. Holcomb, 48 Tex. Civ.App. 330, ... 107 S.W. 916, 918; Lacy v. Gentry (Tex.Civ.App.) 56 ... S.W ... ...