Baines v. Ullmann, Lewis & Co.
Texas Supreme Court
Appeal from Shelby. Tried below before Hon. James I. Perkins. This is an appeal from a judgment against Barnes, the appellant, for eight hundred and fifty-four dollars and nine cents, with foreclosure of attachment lien upon merchandise seized, and in favor of Ullmann, Lewis & Co. Suit was filed October 27, 1886. Affidavit was made for attachment on ground that defendant had disposed of his property in part, with intent to defraud his creditors.
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Appeal from Shelby. Tried below before Hon. James I. Perkins. This is an appeal from a judgment against Barnes, the appellant, for eight hundred and fifty-four dollars and nine cents, with foreclosure of attachment lien upon merchandise seized, and in favor of Ullmann, Lewis & Co. Suit was filed October 27, 1886. Affidavit was made for attachment on ground that defendant had disposed of his property in part, with intent to defraud his creditors. The attachment was levied October 28. Motion to quash the attachment was filed November 12, 1886, upon grounds well taken. November 20, 1886, another…
1Opinion of the Court
Stayton, Chief Justice.
The appellees brought an action for debt against appellant and sued out a writ of attachment, based on an affidavit that he had disposed of a part of his property with intent to defraud his creditors.
The attachment was levied on a stock of goods which were in the custody of the sheriff when appellant filed a motion to quash the attachment on account of an informality which would have been fatal to the validity of the writ; but, before that motion was acted upon, the appellees filed an affidavit for attachment setting up the same grounds alleged in the first, executed…
2Cited by23 opinions
- American Freehold Land Mortgage Co. of London v. PaceCourt of Appeals of Texas · 1900
- Emerson v. MillsTexas Supreme Court · 1892
- Western Assur. Co. v. Hillyer-Deutsch-Jarratt Co.Court of Appeals of Texas · 1914
- Walker v. DawleyCourt of Appeals of Texas · 1928
- Bluntzer v. Dewees & HinkleTexas Supreme Court · 1891
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