Moody & Jamison v. Julius Levy & Co.
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. E. Lewis. The appellants sued the appellees on an account for $2,859.65, and caused to be issued and levied, in January, 1881, an attachment on the goods of the defendants. The attachment was quashed on the motion of defendants.
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Appeal from Gonzales. Tried below before the Hon. E. Lewis. The appellants sued the appellees on an account for $2,859.65, and caused to be issued and levied, in January, 1881, an attachment on the goods of the defendants. The attachment was quashed on the motion of defendants. One of the grounds of the motion was, “ because'the affidavit for attachment pretermits the statutory requirement 6 that the attachment is not sued out for the purpose of injuring or harassing the defendants,’ and substitutes therefor the expression, ‘ this attachment is not sued out for the purpose of injuring and…
1Opinion of the Court
Walker, P. J. Com. App.
The attachment law enacted in the Revised Statutes, art. 153, provides that “the affidavit shall further state that the attachment is not sued out for the purpose of injuring or harassing the defendant.” Previous acts required the plaintiff to swear “ that the attachment is not sued out for the purpose of injuring the defendant.” Several additional causes for the issuance of a writ of attachment are included in the Revised Statutes with those which had previously existed.
In construing art. 153, R. S., we may fairly conclude that it was *533the intention of the legislature…
2Cases cited8 opinions
- Caldwell v. HaleyTexas Supreme Court · 1848
- Miller v. MunsonWisconsin Supreme Court · 1874
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- Raquet v. NixonTexas Supreme Court · 1841
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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