Joiner v. Perkins
Texas Supreme Court
Appeal from Lee. Tried below before the Hon. I. B. McFarland. Suit brought in district court of Lee county by appellant, as administrator of the estate of "William Joiner, deceased, to recover $257.40 due that estate on two notes, executed by appellee on the 8th day of December, 1878, and to foreclose the vendor’s lien upon a tract of land situated in that county, for a part of the purchase money of which appellant averred that the notes were given.
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Appeal from Lee. Tried below before the Hon. I. B. McFarland. Suit brought in district court of Lee county by appellant, as administrator of the estate of "William Joiner, deceased, to recover $257.40 due that estate on two notes, executed by appellee on the 8th day of December, 1878, and to foreclose the vendor’s lien upon a tract of land situated in that county, for a part of the purchase money of which appellant averred that the notes were given. A writ of attachment against the property of appellee was also prayed for, and obtained. Appellant answered: 1st. A general and special…
1Opinion of the Court
West, Associate Justice.—
The action of the court in quashing •the writ of attachment on the ground of variance was correct. The exact amount of the debt, too, for the securing of which the writ of attachment was sought, appears not to be made sufficiently certain from the averments of the petition and the affidavit. Brown v. Martin, 19 Tex., 343; Marshall v. Alley, 25 Tex., 342; Espey v. Heidenheimer, Galveston Term, 1883.
The court was in error, however, in dismissing the case for want of jurisdiction. The constitution (art. V, sec. 86), and also the statute (R. S., art. 1117) provides that…
2Cases cited13 opinions
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- Clements v. LacyTexas Supreme Court · 1879
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3Cited by21 opinions
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