Meyberg & Wangelin v. Steagall & Co.
Texas Supreme Court
Appeal from Dallas. Tried below before the Hon. Hath aniel M. Burford. On the 21st day of August, 1874, Meyberg & Wangelin instituted suit in the District Court of Dallas county against Steagall & Co., upon a note of §622.20, set out in their petition, alleging that said firm was composed of A. IT.
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Appeal from Dallas. Tried below before the Hon. Hath aniel M. Burford. On the 21st day of August, 1874, Meyberg & Wangelin instituted suit in the District Court of Dallas county against Steagall & Co., upon a note of §622.20, set out in their petition, alleging that said firm was composed of A. IT. Steagall and his wife, F. A. Steagall, and at the same time sued out a writ of attachment upon the ground that defendants were about to transfer their property for the purpose of defrauding their creditors, and that thereby plaintiffs would probably lose their debt, which was levied upon…
1Opinion of the Court
Gould, Associate Justice.
We are of opinion that the court erred, as set forth in the second assignment of error, in overruling plaintiffs’ exceptions to the pleas of intervention and reconven ti'bn filed by defendants and intervenor.
The intervenor, McMurtray, was in nowise interested in the subject-matter of the original suit, nor did the wrongful suing out of an attachment against other persons (if, as alleged, the attachment was wrongful) give him a cause of action or right to intervene. The levy in a proper manner of a valid attachment against A. H. and F. A. Steagall, on the partnership…
2Cases cited4 opinions
- Weaver v. AshcroftTexas Supreme Court · 1878
- Bradford v. JohnsonTexas Supreme Court · 1876
- Warren v. Wallis, Landes & Co.Texas Supreme Court · 1874
- De Forest, Armstrong & Co. v. MillerTexas Supreme Court · 1874
3Cited by4 opinions
- Freeman v. Huttig Sash & Door Co.Texas Supreme Court · 1913
- Stansell v. FlemingTexas Supreme Court · 1891
- Wilkie v. WilkieCourt of Appeals of Texas · 1920
- Fisher v. BogarthCourt of Appeals of Texas · 1884