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27 Tex. 28

Smith v. Adams

Texas Supreme Court

Decided July 1, 1863

Texas Supreme Court · decided 1863-07-01

Tried below before the Hon. A. W. 0. Hicks The appellant, as guardian of two minor heirs of Asa Hickman, deceased, instituted this suit against Abel Adams, R. A. Eeyland and Henry C. Hicks, .the appellees, for the recovery of a slave named Abe, who, in the distribution of Hickman’s estate, had been allotted to the said minors; and which slave, it was alleged, had been decoyed by some of the defendants to the county of Jasper, and there wrongfully seized by them by a writ of…

Key passage — most relied on by later courts

“Every one is liable to be harassed and injured in his property and feelings by unfounded suits, but this is not an injury for which he can have legal redress.”

quoted by 1 later decision, including Shapleigh Hardware Co. v. Keeland Bros., Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1863-07-01

How this case has been cited

Cited by 21 later decisions — most recently August 2012

20 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Wheeler, C. J.

¶1We are of opinion that there is no error in the judgment. IF the plaintiffs had been wrongfully harrassed by suits by the defendants, their only remedy was to defend the suits successfully, and visit the costs upon the parties suing. Every *30one is liable to be harassed and injured in his property and feelings by unfounded suits, but this is -not an injury for which he can have legal redress. To give a right to - such redress, there must not only be a loss, but it must have been caused by the violation of some legal right. And no one can claim a legal exemption from suit by another who fancies he has a cause of action against him, however unfounded the claim may be in justice and law. The merely bringing of an unjust or unfounded suit against one is not actionable. (Haldeman v. Chambers, 19 Tex. R., 53, 54.) Had the suit been for the wrongful suing out of the writ of sequestration or attachment, by which the defendant’s property was seized and he sustained damage, the action might have been maintained. But that was not the ground upon which the plaintiffs proceeded.

¶2If suits were wrongfully brought, as alleged, to recover of the plaintiffs money or property, they should have pleaded to the suits so brought. It was not a ground for instituting an independent suit. We are of opinion that the petition showed no cause of action, and the judgment is affirmed.

¶3Judgment affirmed.

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