Cargill & Dennis v. Kountze Bros.
Texas Supreme Court
Error to Court of Civil Appeals for First District, in a case froto Harris County. This was a suit by Kountze Bros., as creditors of Cargill & Dennis, to-compel them to make discovery of their assets. The District Court sustained a demurrer to the petition and dismissed-the bill. On error the Court of Civil Appeals reversed the judgment.
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Error to Court of Civil Appeals for First District, in a case froto Harris County. This was a suit by Kountze Bros., as creditors of Cargill & Dennis, to-compel them to make discovery of their assets. The District Court sustained a demurrer to the petition and dismissed-the bill. On error the Court of Civil Appeals reversed the judgment. On application to the Supreme Court for writ of error, it was urged as grounds for jurisdiction, that “it became necessary to the decision of said cause in said Court of Civil Appeals to determine the construction of section 8, article 5, of the Constitution…
1Opinion
ON MOTION FOR REHEARING.
Stewart & Stewart, for motion for rehearing.—In defendant in error's brief in the Court of Civil Appeals we citednumerous authorities, showing that our District Courts had full equity powers and could give a-creditor seeking its aid any remedy that a court of chancery in England could, and we refer the court to. brief filed. The court now holds, that only in cases of estates of deceased persons, and where there was a trust, or to set aside a fraudulent conveyance, could the remedy we seek bh maintained in a court of chancery. The court admits that Freeman, Pomeroy,…
2Cases cited8 opinions
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Brinkerhoff v. BrownNew York Court of Chancery · 1820
- O'Brien v. CoulterIndiana Supreme Court · 1831
- Cronin v. GayTexas Supreme Court · 1857
- Cannon v. McNab & Eastern BankSupreme Court of Alabama · 1872
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