Whittenberg v. Lloyd
Texas Supreme Court
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.”
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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…
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