McMahan v. Boardman
Texas Supreme Court
Appeal from Fort Bend. The' case was tried before Hon. George W. Smith, one of the district judges. The petition averred that the defendant was “nota resident of the State.” It declared for a balance of $3,917 78; it prayed for an attachment and a citation, as against a nonresident, by publication.
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Appeal from Fort Bend. The' case was tried before Hon. George W. Smith, one of the district judges. The petition averred that the defendant was “nota resident of the State.” It declared for a balance of $3,917 78; it prayed for an attachment and a citation, as against a nonresident, by publication. (Paschal’s Dig., Art. 25, Note 233.) The truth of the petition was verified by affidavit, as required by the 143d section of the act of 13th May, 1846, to regulate proceedings in the district court. (Paschal’s Dig., Art. 138, Note 257.) The first clause of the 1st section of the attachment law,…
1Opinion of the CourtMoore, C. J.
The only question in this case is as to the correctness of the ruling of the court on the motion to quash the attachment. The writ and bond are in strict *172conformity with the statute. The affidavit is said by counsel to have been held defective in the court below, because it was conceived that the averment, that the defendant was not a resident of the State, was qualified by the addition of the words, “so that the ordinary process of the law cannot be served upon him.” While we are unwilling to sanction a relaxation of the rule of strictness,, which has always been required in construing…
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