Blum v. Davis
Texas Supreme Court
Appeal from. Walker. Tried below before the Hon. John R. Kennard. Leon Blum, Sylvain Blum and Hyman Blum, partners, doing business under the firm name of Leon & H. Blum, sued A. E. Davis and W. J. Davis, partners, doing business under the firm name of A. E. & W. J. Davis, to recover a debt of some $1,600 claimed as due to Leon & H. Blum by A. E. & W. J. Davis. Appellants gave bond and made affidavit for attachment, which was issued and levied on appellees’ property.
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Appeal from. Walker. Tried below before the Hon. John R. Kennard. Leon Blum, Sylvain Blum and Hyman Blum, partners, doing business under the firm name of Leon & H. Blum, sued A. E. Davis and W. J. Davis, partners, doing business under the firm name of A. E. & W. J. Davis, to recover a debt of some $1,600 claimed as due to Leon & H. Blum by A. E. & W. J. Davis. Appellants gave bond and made affidavit for attachment, which was issued and levied on appellees’ property. Appellees moved to quash the attachment, and the court granted the motion, quashed the attachment, and ordered the proceeds of…
1Opinion of the Court
Stayton, Associate Justice.—
The ground set out in the affidavit in this cause for attachment was that A. E. & W. J. Davis “ were about to convert their property, or a part thereof, into money, for the purpose of placing it beyond the reach of their creditors,” and a motion to quash the attachment, which was sustained by the court below, was based upon the insufficiency of that affidavit; and it is claimed that the same was insufficient in “ that the affidavit is not positive, but strictly in the alternative,” and states that one of two facts which authorizes the writ is true, but does not…
2Cases cited3 opinions
- Culbertson v. CabeenTexas Supreme Court · 1867
- Hopkins v. NicholsTexas Supreme Court · 1858
- Carpenter v. PridgenTexas Supreme Court · 1874
3Cited by8 opinions
- Pace v. SmithTexas Supreme Court · 1882
- Dunnenbaum & Friedlander v. Schram & Co.Texas Supreme Court · 1883
- Carothers v. McIlhenny Co.Texas Supreme Court · 1885
- McLennan County v. GravesTexas Supreme Court · 1901
- Donnenbaum v. Schram & Co.Texas Supreme Court · 1883
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