Bailey v. Miears

Court of Appeals of Texas

Bailey v. Miears

1 White & W. 36

CourtCourt of Appeals of Texas

DecidedDecember 18, 1880

DocketNo. 1533, Op. Book No. 3, p. 439

StatusPublished

This text of 1 White & W. 36 (Bailey v. Miears) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bailey v. Miears, 1 White & W. 36 (Tex. Ct. App. 1880).

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Opinion

Opinion by

Hurt, J.

§ 84. Property in custody of the law tvhen delivered on claim bond. Property which has been levied upon under process, and delivered to a claimant who has executed a bond therefor under the statute providing for the trial of the right of property, is in custodia legis and not subject to a subsequent levy of process against the defendant in the first process. [Freeman on Judgments, 187; Acker v. White, 25 Wend. 614; Rhines v. Phelps, 3 Gilm. 455; Selleck v. Phelps, 11 Wis. 380; Hagan v. Lucas, 10 Pet. 400.]

Affirmed.

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Opinion by

Hurt, J.

§ 84. Property in custody of the law tvhen delivered on claim bond. Property which has been levied upon under process, and delivered to a claimant who has executed a bond therefor under the statute providing for the trial of the right of property, is in custodia legis and not subject to a subsequent levy of process against the defendant in the first process. [Freeman on Judgments, 187; Acker v. White, 25 Wend. 614; Rhines v. Phelps, 3 Gilm. 455; Selleck v. Phelps, 11 Wis. 380; Hagan v. Lucas, 10 Pet. 400.]

Affirmed.

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1 White & W. 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bailey-v-miears-texapp-1880.

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