Wright v. Henderson
Texas Supreme Court
Appeal from Red River. The appellant, as the claimant of certain property levied on as the property of another, at the instance of the appellee, made his affidavit and bond for the trial of the right of property, which were returned to the office of the clerk of the District Court, and the case was by him docketed as directed by article 2816 of the Digest.
Read the full summary
Appeal from Red River. The appellant, as the claimant of certain property levied on as the property of another, at the instance of the appellee, made his affidavit and bond for the trial of the right of property, which were returned to the office of the clerk of the District Court, and the case was by him docketed as directed by article 2816 of the Digest. At the first term of the court thereafter the appellee moved the court to quash the affidavit and bond and dismiss the ease from the docket; which motion the court sustained, and the claimant appealed. The principal ground relied on in…
1Opinion of the CourtWheeler, J.
It is a sufficient answer to the objection to the affidavit that the facts in which the claimant’s right consists are matters to bo pleaded, and are not required to be stated in the affidavit prescribed by the statute. The statute provides, that at the first term of the court after the case shall have been docketed, if the parties appear, the court shall direct an issue to be made up between them, and tried by a jury as in other cases. (Hart. Dig-., art. 2816.) Here, both parties having appeared, it was the duty of the court to have directed an issue, in the foundation of which the parties…
2Cited by2 opinions
- Ryan v. Goldfrank, Frank & Co.Texas Supreme Court · 1883
- Continental Oil & Gas Production Co. v. AustinCourt of Appeals of Texas · 1926