Legal Opinion

Whittenberg v. Lloyd

Texas Supreme Court

Decided July 1, 1878PublishedCited by 15 opinions

Appeal from Ellis. Tried below before the Hon. A. Barksdale. March 4,1873, J. W. Lloyd brought suit, in the District Court of Ellis county, for a balance due on a promissory note, against Joseph N. Whittenherg. September 8, 1873, plaintiff'obtained a writ of attachment, on the alleged ground that defendant was “ about to transfer his property, for the purpose of defrauding his creditors.”

Read the full summary

Appeal from Ellis. Tried below before the Hon. A. Barksdale. March 4,1873, J. W. Lloyd brought suit, in the District Court of Ellis county, for a balance due on a promissory note, against Joseph N. Whittenherg. September 8, 1873, plaintiff'obtained a writ of attachment, on the alleged ground that defendant was “ about to transfer his property, for the purpose of defrauding his creditors.” On same day, the attachment was levied upon lots 3 and 4, in block 18, in town of "Waxahachie. The writ of attachment did not have attached thereto the seal of the court, nor was the amended petition…

1Opinion of the Court

Gould, Associate Justice.

Lloyd sued Whittenberg for a balance due on a promissory note, and afterwards, by amended petition, sued out an attachment, which was levied on two lots in the town of Waxahachie. Whittenberg moved to quash the attachment, one of the grounds being that the wrikwas not issued by the clerk in the manner prescribed by law. This motion was sustained, but, on the next day, the court, on motion of plaintiff, set aside the order sustaining it and quashing the attachment, and allowed the clerk to amend the writ of attachment by affixing thereto his official seal; also, to…

2Cases cited7 opinions

  1. Mitchell v. MilhoanSupreme Court of Kansas · 1873
  2. Cartwright v. ChabertTexas Supreme Court · 1848
  3. Houghton v. LeeCalifornia Supreme Court · 1875
  4. Keyes v. RinesSupreme Court of Vermont · 1864
  5. Friedlander v. MahoneySupreme Court of Iowa · 1871

2 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Hickman v. HickmanTexas Supreme Court · 1950
  2. In The Matter Of Wesley R. England, DebtorCourt of Appeals for the Fifth Circuit · 1992
  3. Cameron v. FayTexas Supreme Court · 1881
  4. H. Schneider & Bro. v. BrayTexas Supreme Court · 1883
  5. Blum v. LightTexas Supreme Court · 1891

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API