Focke v. Waters
Texas Supreme Court
Appeal from Bosque. ' Tried below before the Hon. J. M. Hall. This was an action instituted by Focke, Wilkens & Lange, upon a claim partly due, an attachment issuing at the same time. The attachment was quashed, and the trial upon defendants’ plea in reconvention resulted in a judgment for nine hundred and two dollars and seventy-seven cents, the value of the attached property, in favor of defendants, Hardeman & Waters. The facts are stated in the opinion of the court.
1Opinion of the Court
Willie, Chief Justice.
This suit was brought upon an account partly due and partly to become due to John Focke, Henry Wilkens and Herman Lange, constituting the firm of Focke, Wilkens & Lange. An attachment was sued out in the case upon affidavit that the defendants were indebted to John Focke, John Wilkens and Herman Lange, composing the firm of Focke, Wilkens & Lange, upon an account having the same amount due and the same amount to become due as were stated in the petition. Considered without explanation, the debt sued on and the debt sworn to are different causes of action. An indebtedness…
2Cases cited3 opinions
- Wright v. SnedecorSupreme Court of Alabama · 1871
- Espey v. Heidenheimer Bros.Texas Supreme Court · 1883
- Gray & Wallace v. Steedman Bros.Texas Supreme Court · 1885
3Cited by9 opinions
- Perrill & Fox v. RungeTexas Supreme Court · 1888
- Frost v. First State Bank & Trust Co. of Mineral WellsTexas Commission of Appeals · 1925
- Slaughter v. MortonCourt of Appeals of Texas · 1916
- Simmons v. SimmonsWest Virginia Supreme Court · 1904
- Snowden v. ThompsonWest Virginia Supreme Court · 1925
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