J. H. Johnson & Co. v. Heidenheimer
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. J. B. McFarland. Isaac Heidenheimer brought suit, December 2, 1885, against Chas. Wenar & Co., for debt, and sued out an attachment, which he caused to be levied on a stock of goods, wares and merchandise found in their store in Brenham, Texas. Other attachments were levied on the same goods by the plaintiffs in error, on December 3, 1885, and on subsequent days during said month.
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Appeal from Washington. Tried below before the Hon. J. B. McFarland. Isaac Heidenheimer brought suit, December 2, 1885, against Chas. Wenar & Co., for debt, and sued out an attachment, which he caused to be levied on a stock of goods, wares and merchandise found in their store in Brenham, Texas. Other attachments were levied on the same goods by the plaintiffs in error, on December 3, 1885, and on subsequent days during said month. By virtue of an order of the district judge, made in chambers, on application of the plaintiffs in this suit and Bassett & Bassett, who were plaintiffs in another…
1Opinion of the Court
Robertson, Associate Justice.
A fraudulent diversion of a debtor’s property maybe as effectively, and is as frequently, accomplished by a collusive suit as by a direct transfer, and both means are denounced by the statute in the same terms. R. S., art. 2465. To prevent the illegal result of such suits, a subsequent attaching creditor is permitted in our practice to intervene in the case and protect his interest in the attached property, by showing that the plaintiff’s demand is fictitious. Kenny v. Schulter, 62 Tex. 328.
This right of intervention is the form the creditor’s remedy in equity…
2Cases cited1 opinion
- Ward v. McKenzieTexas Supreme Court · 1870
3Cited by8 opinions
- Focke, Wilkens & Lange & Scott v. Leon & BlumTexas Supreme Court · 1891
- Stansell v. FlemingTexas Supreme Court · 1891
- Bateman Bros. v. RamseyTexas Supreme Court · 1889
- Heidenheimer v. J. H. Johnson & Co.Texas Supreme Court · 1890
- Mallette v. Fort Worth Pharmacy Co.Court of Appeals of Texas · 1899
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