Miller v. Schneider

Opinion by

Will-son, J.

fTransferred from Austin.J

§ 369. Depositions; objections to form of, must be made before trial commences; case stated. Appellees brought this suit against J. W. Moore & Co., upon an account for merchandise sold said Moore & Co., alleging that the firm of Moore & Co. was composed of J. W. Moore, 0. B. Mason and appellant Miller. An attachment was sued out and levied upon land belonging to appellant. Prior to the suit, J. W. Moore & Co. made an assignment to one Hamilton for the benefit of consenting creditors. Appellant pleaded specially, under oath, that at the time the…