Hart, Wiggin & Co. v. Kanady
Texas Supreme Court
Appeal from Dallas. Tried below before tbe Hon. A. B, Horton. The opinion of the court states all material facts. The abatement of the attachment was duly excepted to by the plaintiffs, who subsequently recovered judgment in personam against the defen- ' dant. There were three cases between these parties, but they presented the same state of facts, and were all disposed of by the present decision.
1Opinion of the CourtWalker, J.
This was an. action commenced in the district court by attachment, sued out upon the affidavit of one of plaintiffs’ attorneys, P. C. Jordan. The ordinary bond was given; the plaintiffs’ attorneys signing the name, Hart, Wiggin & Co., and giving themselves individually as securities. After the name, Hart, Wiggin & Co., a scroll was appended for a seal. Scrolls were also used after the individual names of the securities.
The suit was commenced on the eleventh day of April, 1868. On the fourth day of December, 1868, the appellee (defendant below) filed a general demurrer, and also a general…
2Cited by4 opinions
- Wallace v. First National Bank of GallatinTexas Supreme Court · 1901
- Schaff v. NashCourt of Appeals of Texas · 1917
- W. T. Carter Bro. v. BendyCourt of Appeals of Texas · 1923
- Peck & Hickernell v. Noble Oil & Development Co.Court of Appeals of Texas · 1924