Cleveland v. Boden, Morris & York
Texas Supreme Court
Appeal from Comanche. Tried below before the Hon. W. A. Blackburn. Suit by appellant upon a note for $930.30, dated November 16, 1873, and due December 1, 1873. Attachment issued, which was levied upon a stock of merchandise, and which was sold as perishable property. The attachment was quashed upon motion of appellees, and judgment rendered for appellant for the amount of the note. Appellant claimed that the court erred in quashing the attachment.
1Opinion of the Court
Watts, J. Com. App.
In the petition as well as the affidavit for attachment the grounds upon which the writ is sought are these % “ That defendants are about to dispose of their property with intent to defraud their creditors; and that the defendants are about to convert their property into money for the purpose of placing it beyond the reach of their creditors.”
The real question is as to whether the two statutory grounds stated conjunctively as above are incompatible and contradictory, or whether they may not both exist at one and the same time. Whenever the grounds stated for the writ are…
2Cited by4 opinions
- Burge v. Beaumont Carriage CompanyCourt of Appeals of Texas · 1907
- La Force v. Wear & Boogher Dry Goods Co.Court of Appeals of Texas · 1894
- Alvey v. SmithCourt of Appeals of Texas · 1930
- Josey v. ReynoldsSupreme Court of South Carolina · 1929