Watts v. Harding
Texas Supreme Court
Error from San Augustine. This suit was brought against the plaintiffs in error as non-residents. An attachment was prayed for and issued. The petition was sworn to, but there was no separate affidavit. The defendants appeared by counsel and moved the court to quash the attachment for want of a sufficient affidavit; which motion was overruled.
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Error from San Augustine. This suit was brought against the plaintiffs in error as non-residents. An attachment was prayed for and issued. The petition was sworn to, but there was no separate affidavit. The defendants appeared by counsel and moved the court to quash the attachment for want of a sufficient affidavit; which motion was overruled. They then pleaded several matters of defense, and among others a plea of set-off. 'Hiere was a verdict and judgment for the plaintiff. A motion in arrest of the judgment was made and overruled. There was no statement of facts. It is thought that the…
1Opinion of the CourtLipscomb, J.
The plaintiffs in error ask a reversal of the judgment on. the ground—
1st. That the court erred in overruling the motion to quash the attachment. • '
2d. The court erred in overruling the motion in arrest of judgment on the ground that the finding of the jury shows that the District Court had not original jurisdiction in the case, and in overruling the motion to tax the plaintiff ’with coste.
3d. The court erred in rendering judgment against the defendants in the court below for twenty-two dollars — the amount found by the verdict of the jury — and rendering judgment against them for costs.
To…
2Cited by3 opinions
- R. B. Whitemore & Co. v. WilsonTexas Commission of Appeals · 1880
- Gray & Wallace v. Steedman Bros.Texas Supreme Court · 1885
- Fremont Cultivator Co. v. FultonIndiana Supreme Court · 1885