Warner v. Bailey
Texas Supreme Court
Appeal from Jefferson. This was an action to recover damages for an alleged trespass committed in wrongfully suing out and levying ail attachment. The petition stated the names of the parties and their residence, as follows: “Tile petition of Isaac B. Bailey, of the county of Jefferson, complaining of Christian Warner, of the county of Jefferson and State of Texas.”
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Appeal from Jefferson. This was an action to recover damages for an alleged trespass committed in wrongfully suing out and levying ail attachment. The petition stated the names of the parties and their residence, as follows: “Tile petition of Isaac B. Bailey, of the county of Jefferson, complaining of Christian Warner, of the county of Jefferson and State of Texas.” It alleged that the plaintiff was the owner of a certain schooner in the county of Jefferson, engaged in trade and running "between Sabine Pass and STibiett’s Bluff, on tide water, and that the defendant, “well knowing the…
1Opinion of the CourtWheeler, J.
The ground of error relied on was the judgment of the court, overriding the demurrer to the petition. And it is insisted that the petition is insufficient, in that—
1st. It does not state the residence of the parties, as required by the statute,
2d. It does not negative the statements made in the affidavit on which the attachment issued.
Note71. — Williams®. WarnoII, 28T.,CIO; Moreland®. Atchison,34T.,351; Shirley ®. Byrnes, 84 T., 025; Robinson v. Davenport, 40 T., 333. Note 72. — City of Marshall v. Bailey, 27 T., 680.
3d. It does not aver that the suit by attachment was determined before the…
2Cited by22 opinions
- Laas v. SeidelTexas Supreme Court · 1902
- Youngs v. YoungsTexas Commission of Appeals · 1930
- First Nat. Bank of Giddings v. Lee County Cotton Oil Co.Texas Commission of Appeals · 1925
- Modern Woodmen of America v. YanowskyCourt of Appeals of Texas · 1916
- Erie Telegraph & Telephone Co. v. GrimesTexas Supreme Court · 1891
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