Kittrell v. Irwin
| Decision Date | 12 June 1912 |
| Citation | 149 S.W. 199 |
| Parties | KITTRELL v. IRWIN et al. |
| Court | Texas Court of Appeals |
Action by J. D. Irwin against George B. Kittrell and another. From a judgment for plaintiff against defendant named, the latter appeals. Affirmed.
Short & Field, of Dallas, for plaintiff in error. Allen & Allen, of Dallas, for defendants in error.
The petition of J. D. Irwin, compaining of the Jesse French Piano & Organ Company and George B. Kittrell, alleged, in substance, a conspiracy between the defendants to wrong plaintiff; that Kittrell, falsely pretending that he was sent to examine some furniture in plaintiff's home, gained entrance, and there assaulted, abused, and humiliated plaintiff's wife, falsely claiming to have a writ for a piano; that as a matter of fact he had no writ; that the Jesse French Piano & Organ Company had a judgment against plaintiff with foreclosure on a piano in a justice's court on which two writs had been issued, the first being returned "no property found," and the second that the officer was "refused admittance" to plaintiff's house; that plaintiff, to protect his home, was forced, under said circumstances, to expel said Kittrell from his house. There was a further allegation of wrong committed by defendants in their prosecuting a contempt proceeding against plaintiff for obstructing the officers in the execution of said two writs, which contempt proceeding had resulted in the discharge of plaintiff. There was allegation that said trespass and said charge of contempt were done maliciously, and he prayed for actual damage in the sum of $5,000 and exemplary damages in the same sum. The trespass was alleged to have been committed on May 27, 1910, and the contempt charge on June 18, 1910. The court gave judgment in favor of the Jesse French Piano & Organ Company, and, there being no appeal from that much of the judgment, it is not necessary to notice the pleadings of that defendant. Kittrell pleaded various demurrers, general denial, and, further answering, stated that on May 24, 1909, the said Piano & Organ Company recovered a judgment in the justice's court against plaintiff with foreclosure of lien on a certain piano; that on May 16, 1910, an order of sale issued thereon which was placed in the hands of A. L. Ledbetter, sheriff of Dallas county, commanding him to sell the piano; that said Ledbetter, by G. W. Patterson, repeatedly demanded...
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Matagorda County Drainage Dist. No. 5 v. Borden
...15 Ann. Cas. 904; Farnham on Waters, vol. 2, § 557; Broussard v. Cruse, 154 S. W. 347; Kingman Imp. Co. v. Bank, 153 S. W. 394; Kittrell v. Irwin, 149 S. W. 199; Daniel v. De Ortiz, 140 S. W. 486; Guerra v. Rodriguez, 120 S. W. 593; Appel v. Childress, 53 Tex. Civ. App. 607, 116 S. W. 129; ......
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Hemphill v. Romano
...of facts appeared which will support the judgment rendered, it must be affirmed. S. W. T. & T. Co. v. Thompson, 142 S. W. 1000; Kittrell v. Irwin, 149 S. W. 199. Without attempting to recapitulate it here, it is deemed sufficient to say that, while there was a conflict in the testimony as t......
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