Castro v. John W. Whitlock & Co.
Texas Supreme Court
Appeal from Bexar. The attachment had been quashed on account of a defect in the affidavit. That was stated by the counsel of the appellant, to be the ground on which the demurrer to the plea in reconvention was sustained.
1Opinion of the CourtWheeler, J.
It appears that the defendant in the attachment suit, first brought suit upon the bond for the wrongful suing out of the attachment; but afterwards, choosing to assert his right of action against the plaintiffs for suing out the attachment, in that suit, and to litigate both causes in one action, he pleaded in reconvention to the attachment suit the same matter which was pleaded by him in his suit upon the *438bond ; and then moved to consolidate that suit with the suit in which the attachment had issued. His motion was granted; and it does not distinctly appear that it was resisted by the…
2Cited by13 opinions
- Peterson v. DillonWashington Supreme Court · 1901
- Harris v. FinbergTexas Supreme Court · 1876
- Snow v. CookCourt of Appeals of Texas · 1925
- Scale v. TompkinsTexas Supreme Court · 1884
- Commercial Acceptance Trust v. ParmerCourt of Appeals of Texas · 1922
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