Dwyer v. Testard
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. J. B. McFarland. This suit, begun in the county court of Washington county, but subsequently transferred to the district court of that county, because of the disqualification of the judge of the county court, was instituted August 22, 1879, by the appellant Thomas Dwyer against the appellee Adrian Testard, on a promissory note for $201.35, executed to the former by the latter, jointly with other's, who were alleged to be…
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Appeal from Washington. Tried below before the Hon. J. B. McFarland. This suit, begun in the county court of Washington county, but subsequently transferred to the district court of that county, because of the disqualification of the judge of the county court, was instituted August 22, 1879, by the appellant Thomas Dwyer against the appellee Adrian Testard, on a promissory note for $201.35, executed to the former by the latter, jointly with other's, who were alleged to be insolvent, bearing date April 7, 1879, and maturing September 1, 1879. There was also in the petition a claim for $50.00…
1Opinion of the Court
Robertson, Associate Justice.
There was no error in overruling the defendant’s motion to quash the attachment. The petition stated the debt distinctly from the demand for attorney’s fees, and, for the former only, prayed the process of attachment. The bond was in double the sum for which the attachment was asked and issued. For all the demand he was not required to attach. Evans v. Lawson, 64 Tex. 199.
The fourth, fifth, sixth and seventh special charges requested by appellee, directed the jury how to ascertain whether the attachment was wrongfolly sued out or not. On this issue the jury found…
2Cases cited2 opinions
- Cloud v. SmithTexas Supreme Court · 1846
- Evans v. Lawson, Smith & Co.Texas Supreme Court · 1885
3Cited by16 opinions
- Gimbel & Son v. J. Gomprecht & Co.Texas Supreme Court · 1896
- Tsesmelis v. Sinton State BankTexas Commission of Appeals · 1932
- Tyson v. First State Bank & Trust Co. of Santa AnnaCourt of Appeals of Texas · 1913
- Morris v. AndersonCourt of Appeals of Texas · 1912
- Burge v. Beaumont Carriage CompanyCourt of Appeals of Texas · 1907
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