Grabenheimer v. Rindskoff Bros.
Texas Supreme Court
Appeal from Houston. Tried below before the Hon. J. M. Maxcy, Special Judge. February 1, 1882, Meyer and Henry Grabenheimer, the latter 1 being surety, executed and delivered to S. Gumbel & Co., of Hew Orleans, La., two notes of $2,500 each, payable six and twelve months after date, respectively.
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Appeal from Houston. Tried below before the Hon. J. M. Maxcy, Special Judge. February 1, 1882, Meyer and Henry Grabenheimer, the latter 1 being surety, executed and delivered to S. Gumbel & Co., of Hew Orleans, La., two notes of $2,500 each, payable six and twelve months after date, respectively. On December 30, 1882, Henry Grabenheimer sued Meyer on the first note, which he alleged he had paid to Gumbel & Co., and on the same day Gumbel & Co. sued on the second note against Meyer as principal and Henry as surety, and attachments were sued out in each case against Meyer and levied on a…
1Opinion of the Court
Delany, J. Com. App.
The first assignment of error is that the court erred in overruling the exceptions of the defendants to the petition and motion of plaintiffs.
One of the grounds of objection to the petition and motion of the plaintiffs was that it was not sworn to, nor was any bond given. It would seem from the weight of authority that a subsequent attaching creditor may intervene in order to have the judgment of a pre*52vious attaching creditor set aside on the ground of fraud — even without giving bond. See Peters Furnishing Co. v. Dickey, and authorities cited, 4 Tex. Law Rev., 303.
Another…
2Cases cited2 opinions
- Cothran v. Marmaduke & BrownTexas Supreme Court · 1883
- White v. ParishTexas Supreme Court · 1858
3Cited by6 opinions
- Brown v. WatsonTexas Supreme Court · 1888
- Brady v. Richey CaseyCourt of Appeals of Texas · 1918
- Johnston v. Standard Shoe Co.Court of Appeals of Texas · 1893
- Beggs v. BrookerCourt of Appeals of Texas · 1934
- Broadway National Bank v. WoodMassachusetts Supreme Judicial Court · 1896
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