Wooster v. McGee
Texas Supreme Court
From Harris County. This case came up by writ of error to revise a judgment rendered in the district court of Harris county in favor of the defendant against the plaintiff in error. The suit was commenced by attachment.
Read the full summary
From Harris County. This case came up by writ of error to revise a judgment rendered in the district court of Harris county in favor of the defendant against the plaintiff in error. The suit was commenced by attachment. The first paper found in the transcript is the affidavit of the plaintiff stating the grounds for the attachment; the second is the attachment bond; the third the writ of attachment with the sheriff’s return; and the fourth is a petition signed “Buckley & Sullivan for plaintiff,” and indorsed, “This petition is made a part of the attachment in this suit — Buckley & Sullivan,…
1Opinion of the CourtHemphill, C. J.
This was a proceeding in attachment and the judgment of the court below is sought to be reversed on various grounds.
Among the errors vitiating the case it is assigned that there was no petition filed at the commencement of the suit.
On examination of the record a paper is found purporting to be a petition in the usual form and with averments appropriate to the cause of action; but this is charged to have been surreptitiously introduced in a subsequent stage of the proceedings without the knowledge or sanction of the court and without being filed by its proper officer. There are several…
2Cited by10 opinions
- American Type Founders Co. v. NicholsTexas Supreme Court · 1919
- Evans & Martin v. TuckerTexas Supreme Court · 1883
- Texas Employers' Ins. Ass'n v. TeelCourt of Appeals of Texas · 1931
- Moody & Jamison v. Julius Levy & Co.Texas Supreme Court · 1883
- Texas Employers' Ins. v. TeelCourt of Appeals of Texas · 1931
5 more not listed; retrieve them via the Exa API.