35 Tex. 534 | Tex. | 1872
The record in this cause is almost unintelligible, and we have to deal largely in assumptions and presumptions, in order to arrive at any definite conclusion as to the action of any court, and in what court such action, if any, was had. It may, however, be assumed, with some degree of certainty, upon an inspection of the record sent up here, that the appellant instituted suit in the county court against the appellees and others, for damages sustained by appellant by reason of appellees’ wrongful suing out a writ of sequestration against his property; that the suit was originally brought against the appellees and others, but that, in coming into court, it was discovered that some of the parties were improperly made defendants, and the suit was properly dismissed as to them, but prosecuted to judgment against the appellees, who alone sued out the writ of sequestration. There appears to have been two verdicts in the county court, one giving the plaintiff one hundred dollars damages, and the other one hundred and fifty dollars. But the record fails to inform us why two verdicts were given, or what was done with the first; but upon the latter verdict a judgment was entered by the court, from which an appeal was taken to the district court.
From the very imperfect record, it is impossible to
Reversed and remanded.