Messner v. Hutchins
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. R, E. B. Baylor. Suit by appellee against appellant on three promissory notes for $3,919 39 each, with interest from date ; sundry credits allowed ; among others, an account current between the parties, in which interest was computed on the items on both sides, -with a balance in favor of defendant of $124.0 38. Prayer for attachment.
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Appeal from Washington. Tried below before the Hon. R, E. B. Baylor. Suit by appellee against appellant on three promissory notes for $3,919 39 each, with interest from date ; sundry credits allowed ; among others, an account current between the parties, in which interest was computed on the items on both sides, -with a balance in favor of defendant of $124.0 38. Prayer for attachment. Affidavit that affiant is the agent of plaintiff, that the facts set forth in the petition are true, that the defendant is justly indebted to'plaintiff in the sum of $9,405 62, that said defendant secretes…
1Opinion of the CourtWheeler, J.
The affidavit is in literal conformity to the Statute. It is only when the defendant is about to remove his property beyond the State, that the plaintiff is required to make oath, that he will thereby probably lose his debt. (Hart. Dig. Art. 25.) There is nothing in the objection to the sufficiency of the affidavit made to obtain the attachment.
Nor is the objection to the bond well taken. It was not necessary that the attorney should produce his power of attorney upon the motion to quash. It was sufficient' that it was produced upon the trial. In Drake on Attachments, it is said, “ Where the…
2Cases cited2 opinions
- Alford v. JohnsonSupreme Court of Alabama · 1839
- Jackson v. StanleySupreme Court of Alabama · 1841
3Cited by13 opinions
- Camoron v. ThurmondTexas Supreme Court · 1881
- Missouri Pacific Railway Co. v. HaynesTexas Supreme Court · 1891
- Holloway v. Paul O. Simms Co.Court of Appeals of Texas · 1930
- R. Piel Gin Co. v. Independent Farmers' Gin Co.Court of Appeals of Texas · 1923
- Shelby v. ShelbyCourt of Appeals of Texas · 1974
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