Marx & Kempner v. Abramson
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Geo. H. Noonan. Suit by Marx & Kempner on January 1, 1879, for debt against J. Abramson, appellee. Plaintiff gave bond, and an attachment was issued on a petition which alleged “ that there is justly due and owing unto Marx & Kempner, on said promissory notes, at least the sum of $1,717.78. Some of said notes are due and some are not.” There was no separate affidavit, but the allegations of the petition were sworn to.
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Appeal from Bexar. Tried below before the Hon. Geo. H. Noonan. Suit by Marx & Kempner on January 1, 1879, for debt against J. Abramson, appellee. Plaintiff gave bond, and an attachment was issued on a petition which alleged “ that there is justly due and owing unto Marx & Kempner, on said promissory notes, at least the sum of $1,717.78. Some of said notes are due and some are not.” There was no separate affidavit, but the allegations of the petition were sworn to. The attachment was levied on a stock of merchandise, the property of the defendant. February 7, 1879, defendant filed a general…
1Opinion of the Court
Bonner, Associate Justice.
By an unbroken line of decisions from the days of the republic until the present time, an affidavit for attachment cannot be amended.
The original petition in this case was defective on general demurrer, and the affidavit was to the effect, simply, that the allegations in the petition were true. The petition and affidavit were not sufficient to have authorized the attachment.
The amended petition was filed several months subsequently, and was not sworn to, and although it had the effect to cure the omission in the original petition and support the personal judgment…
2Cases cited1 opinion
- Tarkinton v. C. E. Broussard & Co.Texas Supreme Court · 1879
3Cited by6 opinions
- Chapman v. Pittsburg & Steubenville R. R.West Virginia Supreme Court · 1885
- Smith Brothers v. Wallis, Landes Co.Court of Appeals of Texas · 1898
- Luse v. Fort Worth Electric & Motor Car Co.Court of Appeals of Texas · 1924
- B. F. Avery & Sons v. B. L. Zander & Co.Texas Supreme Court · 1890
- Lutterloh v. McIlhenny Co.Texas Supreme Court · 1889
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