H. Seligson & Co. v. Hobby & Post
Texas Supreme Court
Appeal from. Galveston. Tried below before the Hon. William H. Stewart. August 9,1877, Seligson & Co. brought suit by attachment, in the District Court of Galveston county, against the parties composing the firm of Hobby & Post, on a promissory note bearing date July 9,1877, and due forty-five days thereafter. The petition was in the usual form, judgment for debt and costs being asked.
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Appeal from. Galveston. Tried below before the Hon. William H. Stewart. August 9,1877, Seligson & Co. brought suit by attachment, in the District Court of Galveston county, against the parties composing the firm of Hobby & Post, on a promissory note bearing date July 9,1877, and due forty-five days thereafter. The petition was in the usual form, judgment for debt and costs being asked. Attachment was issued to Galveston county, and returned, October 1,1877, “no property found.” A second attachment was issued August 10, to Eobertson county, which was levied upon lands in said county. A third…
1Opinion of the Court
Bonner, Associate Justice.
This was a suit by attachment, under article 154 of Paschal’s Digest, upon a note not due. The petition was in the usual form as upon a note overdue, and the only intimation that the cause of action had not matured at the time of suit brought, arises from the copy of the note set out in the pleadings. Exceptions to the' pleadings of the plaintiffs were sustained, and they declining to amend, judgment final was rendered for the defendants.
After a careful examination of the case, we are constrained to the opinion that it comes within the ruling of Cox v. Eeinhardt, 41…
2Cases cited2 opinions
- Malone v. CraigTexas Supreme Court · 1858
- Cox v. ReinhardtTexas Supreme Court · 1874
3Cited by5 opinions
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- Zimmerman v. KeithCourt of Appeals of Texas · 1920
- Zimmerman v. KeithCourt of Appeals of Texas · 1920