Baird v. Trice
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. X. B. Saunders. September 27,1873, Trice brought suit against Baird, alleging that Baircl was indebted to him by reason of several judgments, described in the petition, recovered by appellee against appellant before a justice of the peace in the State of Tennessee, and that appellant owned a certain tract of land situate in McLennan county, State of Texas, which was fully set forth by metes and bounds, and that he was a…
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Appeal from McLennan. Tried below before the Hon. X. B. Saunders. September 27,1873, Trice brought suit against Baird, alleging that Baircl was indebted to him by reason of several judgments, described in the petition, recovered by appellee against appellant before a justice of the peace in the State of Tennessee, and that appellant owned a certain tract of land situate in McLennan county, State of Texas, which was fully set forth by metes and bounds, and that he was a non-resident of this State. Trice filed affidavit and bond for attachment. In his petition he prayed for attachment against…
1Opinion of the Court
Bonner, Associate Justice.
The first and fifth errors assigned are waived by appellant.
1. The second error assigned is, that the court erred in rendering a personal judgment against the defendant after his discharge in bankruptcy.
If it be admitted that there was error in rendering such personal judgment, this has been cured by written release of same filed by appellee in this court.
2. The third error assigned is, in substance, that the court erred in foreclosing the attachment lien, because the land was the homestead of appellant at the time when attached.
It is a sufficient answer to this…
2Cases cited14 opinions
- Houston & Great Northern R. R. v. WinterTexas Supreme Court · 1876
- Tuttle v. Turner, Wilson & Co.Texas Supreme Court · 1866
- Stone v. DarnellTexas Supreme Court · 1857
- Bullene v. HiattSupreme Court of Kansas · 1873
- Tuttle v. HoweSupreme Court of Minnesota · 1869
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Brooks v. ChathamTexas Supreme Court · 1882
- Gage v. NeblettTexas Supreme Court · 1882
- Wallis, Landes & Co. v. WendlerCourt of Appeals of Texas · 1901
- Ward v. BraunCourt of Appeals of Texas · 1967
- Mahon v. FansettNorth Dakota Supreme Court · 1907
12 more not listed; retrieve them via the Exa API.