Barbee v. Holder
Texas Supreme Court
Appeal from Bastrop. Tried below before the Hon. Alexander W. Terrell. This was a suit by K. H. Barbee against William Holder, commenced the 7th September, 1857, by attachment, on a promissory note, before its maturity.
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Appeal from Bastrop. Tried below before the Hon. Alexander W. Terrell. This was a suit by K. H. Barbee against William Holder, commenced the 7th September, 1857, by attachment, on a promissory note, before its maturity. The plaintiff alleged in his petition, that the defendant executed to him on the 31st of October, 1856, his promissory note, for $280, payable October 31st, 1857; that the said note was given in part payment for a wagon and five yoke of oxen; that the defendant, to secure the payment of this note, had executed to him a mortgage on the said wagon and oxen; that the mortgage had…
1Opinion of the CourtWheeler, C. J.
The affidavit upon which the attachment issued, is in conformity to the statute; (O. & W. Dig., Art. 43,) and, under the repeated decisions of this court, must be held sufficient to support the attachment. (Schrimpf v. M‘Ardle, 13 Texas Rep. 368; 16 Id. 47; Primrose v. Roden, 14 Id. 1; 15 *227Texas Rep. 568; Wright v. Ragland, 18 Id. 289.) It is only the material traversable facts set forth in the petition, that need be embraced in the affidavit. We are of opinion, that the court erred in dissolving the attachment and dismissing the petition ; for which the judgment must be reversed, and the…
2Cases cited2 opinions
- Morgan v. JohnsonTexas Supreme Court · 1855
- Schrimpf v. McArdleTexas Supreme Court · 1855
3Cited by1 opinion
- Briggs v. LaneTexas Commission of Appeals · 1880