C. M. Pearre & Co. v. Hawkins
Texas Supreme Court
Appeal from Hunt. Tried below before the Hon. T. D. Montrose, Special Judge. C. M. Pearre & Co., appellants, sued J. W. Hawkins, appellee, for money due on an account, and on the same day sued out an attachment.
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Appeal from Hunt. Tried below before the Hon. T. D. Montrose, Special Judge. C. M. Pearre & Co., appellants, sued J. W. Hawkins, appellee, for money due on an account, and on the same day sued out an attachment. Appellants stated in their affidavit that the ground for this last proceeding was, “ that defendants had secreted their property for the purpose of defrauding their creditors, and that they (defendants) had disposed of their property with the intent to defraud their creditors.” Upon the trial below, appellants obtained a judgment for their debt against appellee, but their attachment…
1Opinion of the Court
Stayton, Associate Justice.
It becomes unnecessary, in the view taken of one question presented, to consider any other.
The affidavit for attachment alleged “that defendants aforesaid have secreted their property for the purpose of defrauding their creditors, and that they, defendants, have disposed of their property with intent to defraud their creditors.”
A motion to quash the attachment was filed, and one of the grounds on which this was sought was: “Because the affidavit for .attachment charges two inconsistent and contradictory grounds for said attachment, and said affidavit is therefore…
2Cases cited3 opinions
- Culbertson v. CabeenTexas Supreme Court · 1867
- Hopkins v. NicholsTexas Supreme Court · 1858
- Carpenter v. PridgenTexas Supreme Court · 1874
3Cited by17 opinions
- Singer v. SingerTexas Supreme Court · 1951
- Phelps-Stokes Estates, Inc. v. NixonNew York Court of Appeals · 1917
- Scott v. StateCourt of Appeals of Georgia · 1909
- Holland v. Bogardus-Hill Drug Co.Supreme Court of Missouri · 1926
- St. Louis Union Trust Co. v. MacGovern & Co.Supreme Court of Missouri · 1923
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