Allen v. Menard
Texas Supreme Court
Appeal from Galveston. Tiie appellant brought suit against Eeed, Menard, and Butler. lu his petition he alleged that he had brought a suit against Eeed iu Harris District Court, returnable to the next term of that court, for fraudulent negligence in not having collected a debt owned by plaintiff' against one Richardson, which debt was placed in the bands of Eeed for collection; that Menard is indebted to Eeed, which indebtedness has been secured by a certain ■conveyance made…
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Appeal from Galveston. Tiie appellant brought suit against Eeed, Menard, and Butler. lu his petition he alleged that he had brought a suit against Eeed iu Harris District Court, returnable to the next term of that court, for fraudulent negligence in not having collected a debt owned by plaintiff' against one Richardson, which debt was placed in the bands of Eeed for collection; that Menard is indebted to Eeed, which indebtedness has been secured by a certain ■conveyance made by Menard to Butler; that Eeed is a non-resident of the State; that he knows of no property belonging to Eeed from…
1Opinion of the CourtLipscomb, J.
If the correctness of the judgment of the court below is to be decided independently of any statute on the subject, the exceptions would seem so clearly to be well taken as not to require any illustration of their soundness. The plaintiff, however, supposes that his suit can be sustained by the last clause-of the 152d section of our act of 1846, to regulate proceedings'in the District Courts. The section referred to reads as follows: “That writs- of injunction granted by any judge of the Supreme Court, if to stay proceedings in a suit or execution ou a judgment, shall be returnable to and…
2Cited by1 opinion
- Aultman, Miller & Co. v. HigbeeCourt of Appeals of Texas · 1903