Stoddart v. McMahan
Texas Supreme Court
Error from Galveston. Tried below before the Hon. G. E. Mann. McMahan brought this action on the eighteenth of May, 1869, against M. Stoddart, E. A. Burk and Robert B. Stapp, as partners trading under the style of Stoddart & Burk.
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Error from Galveston. Tried below before the Hon. G. E. Mann. McMahan brought this action on the eighteenth of May, 1869, against M. Stoddart, E. A. Burk and Robert B. Stapp, as partners trading under the style of Stoddart & Burk. The cause of action was a promissory note for $3271.67, executed by Stoddart & Burk to the plaintiff on the twenty-first of April, 1868, and due on July 1, 1868. The petition was sworn to, and contained -allegations of a fraudulent transfer by the defendants and a prayer for attachments as well as citations. No service was obtained on Burk, and the suit was…
1Opinion of the CourtOgden, J.
The statute of our State having prescribed a form for a writ of attachment, we are not inclined to the opinion that any other form can be demanded, nor do we think that a party has the right to insist that the attachment shall be any more specific or .descriptive than required by the statutory form. The writ in this cause is almost a literal copy from the •statute, with the addition of filling the blanks, and the court did not err in overruling the motion to quash the same. Nor did the court err in overruling the motion to quash the levy of the attachment, for the reasons set cut in the…
2Cases cited7 opinions
- Johnson v. MossNew York Supreme Court · 1838
- Bean v. BriggsSupreme Court of Iowa · 1857
- Hill v. CunninghamTexas Supreme Court · 1860
- Morgan v. JohnsonTexas Supreme Court · 1855
- Clark v. GriffithSupreme Court of Iowa · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Whitman v. J. P. Willis & Bro.Texas Supreme Court · 1879
- P. J. Willis & Bro. v. Mooring & BlanchardTexas Supreme Court · 1885