Perry v. Stephens

GAINES, Associate Justice.

—Appellants A. & E. Mittenthall caused a writ of attachment from the District Court of Dallas County to issue to Wilbarger County against the property of one Tobolowsky, and placed it in the hands of their coappellant Perry as a constable of the latter county. By virtue of the writ Perry seized a stock of goods at the town of Harold, which had belonged to the defendant in the writ. A few hours before the levy Tobolowsky, at Vernon, the county seat of the county, made an as*248signment of his property for the benefit of his creditors. One Shayne was made assignee and…