Kennedy v. Morrison
Texas Supreme Court
Appeal from Bastrop. The case was tried before Hon. John Ieeland, one of the district judges. There is a motion made by Morrison to dismiss the appeal for want of jurisdiction, but as the court considered the material facts in the record, for the proper understanding of this motion it may be as well to state them.
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Appeal from Bastrop. The case was tried before Hon. John Ieeland, one of the district judges. There is a motion made by Morrison to dismiss the appeal for want of jurisdiction, but as the court considered the material facts in the record, for the proper understanding of this motion it may be as well to state them. On the 11th of October, 1865, Kennedy filed his suit in the district court of Bastrop county against Morrison to recover the sum of $5,530 11. He at the same time made an affidavit to the truth of the petition, which set forth the cause of action. There was no revenue stamp on the…
1Opinion of the CourtMorrill, C. J.
—Kennedy brought suit in the district court of Bastrop county against Morrison, founded upon two promissory notes executed by Morrison to Kennedy or order, and upon an account for personal services, and another account for the use -and hire of two servants. Suit was brought by attachment, which was levied, and property released on special bail. There was no personal service of the petition on defendant. On the trial the defendant moved that the attachment be quashed, because the affidavit was not made according to the requirements of the statute. The petition states the indebtedness of the…
2Cases cited2 opinions
- Morgan v. JohnsonTexas Supreme Court · 1855
- Marshall v. AlleyTexas Supreme Court · 1860
3Cited by16 opinions
- Brady v. OnffroyWashington Supreme Court · 1905
- Ferguson v. GlidewellSupreme Court of Arkansas · 1886
- Moffitt v. GarrettSupreme Court of Oklahoma · 1909
- Rachelman v. SkinnerSupreme Court of Minnesota · 1891
- American Surety Co. of New York v. Stebbins, Lawson, Spraggins Co.Texas Supreme Court · 1915
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