Court of Civil Appeals of Texas, 1918

Collier Love v. Welborn

Collier Love v. Welborn
Court of Civil Appeals of Texas · Decided November 14, 1918 · Higgins
206 S.W. 708; 1918 Tex. App. LEXIS 1140 (South Western Reporter)

Collier Love v. Welborn

Opinion of the Court

HIGGINS, J.

This is a suit by appellee upon an injunction bond to recover damages for the wrongful suing out of the injunction. From a verdict and judgment awarding damages, this appeal is prosecuted; three errors being assigned.

' The first complains of the overruling of an exception. In this action there was no error. The remaining assignments complain of improper argument by counsel for appel-lee in his address to the jury. We think the argument was objectionable, but that it presents no reversible error. Under the evidence, plaintiff was entitled to a verdict, and it was simply a question of the amount. The evidence warranted a verdict for a much larger amount than the one returned. It is apparent the objectionable argument had no improper influence upon the jury. It therefore presents no ground for reversal.

Affirmed.

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