Sydnor v. Totham
Texas Supreme Court
Appeal from Galveston. The appellant sued the appellees on seven promissory notes, six of them for fifty” dollars each anti one for three hundred dollars. The liffy-rlollar notes were not cine when the suit was instituted. The plaintiil' prayed for a citation to the defendants (o answer his petition and for an attachment against their property.
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Appeal from Galveston. The appellant sued the appellees on seven promissory notes, six of them for fifty” dollars each anti one for three hundred dollars. The liffy-rlollar notes were not cine when the suit was instituted. The plaintiil' prayed for a citation to the defendants (o answer his petition and for an attachment against their property. Tiie affidavit was as follows : ■ “ Personally came anti appeared before me, the undersigned, John S. Syd-nor, who, being (inly sworn on oath, doth depose and say that tiie defendants are justly indebted to him in the sum of six hundred dollars and…
1Opinion of the CourtLipscomb, J.
It has been often declared that the process by attachment is liable to produce so much oppression and injury that a rigid conformity with the law authorizing its issuance will be exacted. And no portion of the statute requires 1 his rule to be more strictly adhered to than in the affidavit to be made by the plaintiff, as one of the conditions on which the attachment is allowed. If the belief of the, plaintiff, without facts on which such belief can be reasonably based, should be held a sufficient compliance with the requisition of the statute that “the plaintiff shall make an affidavit in…
2Cited by9 opinions
- Calyon v. StateCourt of Criminal Appeals of Texas · 1915
- Cox v. ReinhardtTexas Supreme Court · 1874
- Lewis & Baker v. StewartTexas Supreme Court · 1884
- Tanner & Delaney Engine Co. v. Hall & MobleySupreme Court of Florida · 1886
- Booth v. DenikeU.S. Circuit Court for the District of Western Texas · 1894
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