Cloud v. Smith
Texas Supreme Court
Appeal from Brazoria County. This suit was commenced by an original attachment which Smith, the plaintiff in the court below, sued out against the defendant and had levied on a negro woman and her two children.
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Appeal from Brazoria County. This suit was commenced by an original attachment which Smith, the plaintiff in the court below, sued out against the defendant and had levied on a negro woman and her two children. The defendant, before the return term, replevied the property by giving bond as required by the' statute; and as summons had issued to him personally, he appeared at the return term of the court and filed his plea in abatement, traversing the facts set forth in plaintiff’s affidavit on suing out the attachment that he, the defendant, was about to remove himself and his effects out of…
1Opinion of the CourtLipsooMb, J.
Two positions have been relied on in this court to reverse the judgment. 1st. That the court erred in overruling the plea in abatement, filed by the defendant in the court below. 2d. The court erred in rendering judgment, that the property levied on should be sold. On the first point, whether the facts contained in the affidavit are traversable, there has been much diversity of opinion. The authority of adjudicated cases seems to be pretty well balanced, and both sides of the question are supported by decisions in every respect equal in the degree of confidence to which they are entitled;…
2Cited by23 opinions
- Focke, Wilkens & Lange & Scott v. Leon & BlumTexas Supreme Court · 1891
- Gimbel & Son v. J. Gomprecht & Co.Texas Supreme Court · 1896
- Gus. Lewy & Co. v. FischlTexas Supreme Court · 1886
- Tyson v. First State Bank & Trust Co. of Santa AnnaCourt of Appeals of Texas · 1913
- Hillebrand v. McMahanTexas Supreme Court · 1883
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