Ables v. Miller.
Texas Supreme Court
Appeal from Cherokee. Suit by appellee against appellants on an attachment bond, for wrongfully suing out the attachment.
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Appeal from Cherokee. Suit by appellee against appellants on an attachment bond, for wrongfully suing out the attachment. The evidence was that when the attachment was-obtained, the present plaintiff was preparing to leave the State, by settling up his business ; that he publicly declared his determination to leave, but not until he should have settled up his business and paid his debts ; and that he refused to pay the debt about the time the attachment was issued ; and that he did remove to Tennessee. The Court instructed the jury that if the plaintiff was about to remove out of the State,…
1Opinion of the CourtLipscomb, J.
The first and main objection, relied on by the appellants, to the judgment of the Cour^below, is to the ruling of the Court, in admitting, as evidence, the deposition of a witness, taken properly, on the ground of his not being a resident citizen of the county where the suit was instituted and tried, but who had, before the trial, moved into that county. It was admitted on the ground, supported by the affidavit of the plaintiff’s counsel, that the plaintiff was absent *111from the State, and that the witness, when deposition was offered, was absent from the county. There is no objection to the…
2Cited by4 opinions
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