Johnson v. King & Davidson
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. J. H. Johnson sued King & Davidson for damages, actual and punitive, for procuring attachment to issue from Galveston county court, in a suit there brought by them against him, directing seizure of his property, August 21,1883, on an affidavit to the effect that he had disposed of his property, in whole or in part, with intent to defraud his creditors.
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Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. J. H. Johnson sued King & Davidson for damages, actual and punitive, for procuring attachment to issue from Galveston county court, in a suit there brought by them against him, directing seizure of his property, August 21,1883, on an affidavit to the effect that he had disposed of his property, in whole or in part, with intent to defraud his creditors. The affidavit was alleged to be false and the issuance thereof to be wrongful and malicious, and recovery of $1,000 actual and $4,000 exemplary damage was prayed for in the…
1Opinion of the Court
Stayton, Associate Justice.
This action was instituted by the appellant to recover damages actual and exemplary.
The ground of the action is, that the appellees, being creditors of the appellant, instituted a suit in the county court of Galveston county against him, and thereon sued out an attachment on an affidavit made by one of them, which charged that appellant had disposed of his property, in whole or in part, with intent to defraud his creditors.
The petition alleges that the attachment was sued out and deliv*229ered to appellees, by whom it was transmitted to the county in which appellant…
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