Dunnenbaum & Friedlander v. Schram & Co.
Texas Supreme Court
Appeal from Guadalupe. Tried below before the Hon. Everett Lewis. Suit against appellants on notes and a bill of exchange alleged to have been executed by them. Appellees had an attachment issued upon an affidavit which appellants claimed was insufficient. The court having overruled a motion to quash the attachment, this appeal was taken to obtain a review of the ruling.
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Appeal from Guadalupe. Tried below before the Hon. Everett Lewis. Suit against appellants on notes and a bill of exchange alleged to have been executed by them. Appellees had an attachment issued upon an affidavit which appellants claimed was insufficient. The court having overruled a motion to quash the attachment, this appeal was taken to obtain a review of the ruling. The grounds for the attachment stated in the petition, which was sworn to, were as follows: “ That the defendants (appellants) have disposed of their property, in whole or in part, for the purpose and with the intent to…
1Opinion of the Court
West, Associate Justice.—
In Hopkins v. Nichols, 22 Tex., 206; Garner v. Burleson, 26 Tex., 348; Culbertson v. Cabeen, 29 Tex., 247, and Carpenter v. Pridgen, 40 Tex., 32, it has been held that an affidavit for a writ of attachment, in which more than one of the distinct statutory grounds of attachment was embraced, and set out in the alternative, was not sufficient.
In Blum v. Davis, 56 Tex., 427, it was held that an affidavit to the effect that the defendants “ were about to convert their property or a part thereof, etc., etc.” was good, because the alleged conversion, in whole or in part,…
2Cases cited9 opinions
- Culbertson v. CabeenTexas Supreme Court · 1867
- Cloud v. SmithTexas Supreme Court · 1846
- Garner v. BurlesonTexas Supreme Court · 1862
- Hopkins v. NicholsTexas Supreme Court · 1858
- Klenk v. SchwalmWisconsin Supreme Court · 1865
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Tyson v. First State Bank & Trust Co. of Santa AnnaCourt of Appeals of Texas · 1913
- Williams v. GivinsCourt of Appeals of Texas · 1928
- H. B. Cartwright & Bro. v. United States Bank & Trust Co.New Mexico Supreme Court · 1917
- Lewis & Baker v. StewartTexas Supreme Court · 1884
- Southern Surety Co. v. AdamsCourt of Appeals of Texas · 1925
6 more not listed; retrieve them via the Exa API.