Piggott v. Schram & Co.
Texas Supreme Court
Appeal from Kinney. Tried below before the Hon. T. M. Paschal. Suit by appellees in the district court of Kinney county on the 28th day of February, 1882, on a sworn account, for the sum of $3,038.30, with interest on $3,015.56, at eight per cent., from January 1,1882. The petition alleged that the defendant had refused to pay plaintiffs’ debt, to their damage $3,450. The petition then alleged that the defendant was about to dispose of his property with intent to defraud his…
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Appeal from Kinney. Tried below before the Hon. T. M. Paschal. Suit by appellees in the district court of Kinney county on the 28th day of February, 1882, on a sworn account, for the sum of $3,038.30, with interest on $3,015.56, at eight per cent., from January 1,1882. The petition alleged that the defendant had refused to pay plaintiffs’ debt, to their damage $3,450. The petition then alleged that the defendant was about to dispose of his property with intent to defraud his creditors, and that thereby plaintiffs would probably lose their debt, wherefore they prayed for a writ of attachment…
1Opinion of the Court
Walker, P. J. Com. App.
The first assigned error relates to the overruling of defendant’s motions to quash the attachment because of the alleged uncertainty and contradiction in respect to the amount of the indebtedness claimed by plaintiffs, as exhibited in the statements thereof in the petition, the affidavit for attachment and the recitals in the writ itself.
The record does not bear the construction which appellant urges. There is neither contradiction nor confusion in the statements referred to. The plaintiffs’ sworn account is an exhibit attached to and made a part of the petition. The…
2Cases cited1 opinion
- Leon & H. Blum v. WelborneTexas Supreme Court · 1882
3Cited by5 opinions
- Blair v. SanbornTexas Supreme Court · 1892
- Star v. JohnsonCourt of Appeals of Texas · 1931
- Estado Land & Cattle Co. v. AnsleyCourt of Appeals of Texas · 1894
- Teston v. BranninCourt of Appeals of Texas · 1924
- Teston v. BranninCourt of Appeals of Texas · 1924