Legal Opinion

Cargill & Dennis v. Kountze Bros.

Texas Supreme Court

Decided February 5, 1894No. 35PublishedCited by 29 opinions

Error to Court of Civil Appeals for First District, in a case froto Harris County. This was a suit by Kountze Bros., as creditors of Cargill & Dennis, to-compel them to make discovery of their assets. The District Court sustained a demurrer to the petition and dismissed-the bill. On error the Court of Civil Appeals reversed the judgment.

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Error to Court of Civil Appeals for First District, in a case froto Harris County. This was a suit by Kountze Bros., as creditors of Cargill & Dennis, to-compel them to make discovery of their assets. The District Court sustained a demurrer to the petition and dismissed-the bill. On error the Court of Civil Appeals reversed the judgment. On application to the Supreme Court for writ of error, it was urged as grounds for jurisdiction, that “it became necessary to the decision of said cause in said Court of Civil Appeals to determine the construction of section 8, article 5, of the Constitution…

1Opinion of the Court

This suit was brought by Kountze Brothers, alleging themselves to be creditors of Cargill Dennis, to compel the latter to make discovery of their assets.

After stating that the plaintiffs had obtained a judgment against the defendants for $1054; that they had sued out executions which had been returned "no property found," and that they had caused an abstract of the judgment to be filed in the office of the clerk of the County Court of Harris County, so as to secure a lien upon the real estate of defendants in that county, they proceed in their petition to make the following allegations: "And…

2Cases cited12 opinions

  1. Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
  2. Love v. KeowneTexas Supreme Court · 1882
  3. Brinkerhoff v. BrownNew York Court of Chancery · 1820
  4. O'Brien v. CoulterIndiana Supreme Court · 1831
  5. Price v. BradyTexas Supreme Court · 1858

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3Cited by29 opinions

  1. Shropshire v. Commerce Farm Credit Co.Texas Supreme Court · 1930
  2. Brackenridge v. Roberts and McIntyreTexas Supreme Court · 1925
  3. Brackenridge v. RobertsTexas Supreme Court · 1924
  4. Austin & Northwestern Railroad v. CluckTexas Supreme Court · 1903
  5. Lewis v. StateCourt of Criminal Appeals of Texas · 1910

24 more not listed; retrieve them via the Exa API.

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