La Force v. Wear & Boogher Dry Goods Co.
Court of Appeals of Texas
Appeal from Montague.- Tried below before Hon. D. E. Barrett. Where there is uncertainty in the affidavit for attachment as to amount of plaintiff’s claim, the attachment should be abated on motion, and such uncertainty can not be cured by reference to the averments in the petition alleged to be on file, when no such petition was on file, and no such suit pending, and the instrument of writing claimed by the affiant to be such petition appears to be a separate and distinct…
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Appeal from Montague.- Tried below before Hon. D. E. Barrett. Where there is uncertainty in the affidavit for attachment as to amount of plaintiff’s claim, the attachment should be abated on motion, and such uncertainty can not be cured by reference to the averments in the petition alleged to be on file, when no such petition was on file, and no such suit pending, and the instrument of writing claimed by the affiant to be such petition appears to be a separate and distinct document from the affidavit which alludes to it, and nothing is in the record to show that said alleged petition was not…
1Opinion of the Court
TARLTON, Chief Justice.
This proceeding is in debt and attachment. The suit was brought on May 4, 1892, by the appellee, a corporation, against the appellants, upon four promissory notes, each being for the sum of $537.31, and maturing respectively on the 10th’ day of May and on the 15th of June, July, and August, 1892. The notes were described in the original petition as bearing each of them 10 per cent interest per annum from date until paid, and as providing for the payment of 10 per cent additional on the amount thereof as attorney’s fees, in case of legal proceedings for collection.…
2Cases cited3 opinions
- P. J. Willis & Bro. v. Mooring & BlanchardTexas Supreme Court · 1885
- Munzenheimer & Klein v. Manhattan Cloak & Suit Co.Texas Supreme Court · 1891
- Cleveland v. Boden, Morris & YorkTexas Supreme Court · 1885
3Cited by6 opinions
- Green v. WE Grace Manufacturing CompanyTexas Supreme Court · 1968
- Highsmith v. Tyler State Bank & Trust Co.Court of Appeals of Texas · 1946
- Finnell v. ByrneCourt of Appeals of Texas · 1928
- Simon v. Temple Lumber Co.Court of Appeals of Texas · 1912
- Gollehon v. PorterCourt of Appeals of Texas · 1942
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