Wright v. Ragland
Texas Supreme Court
Error from Victoria. Tried below before the Hon. Fielding Jones. Suit commenced July 3rd, 1855, by William Wright, William Faitule and Frederick B. Betts, residents of the city and State of New York, alleging that William S. Ragland, a nonresident of the State of Texas, has effects and credits in the State of Texas and county of "Victoria, and is indebted to your petitioners in the sum of $1001 98-100, exclusive of interest) for this that heretofore, to-wit: in the county of…
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Error from Victoria. Tried below before the Hon. Fielding Jones. Suit commenced July 3rd, 1855, by William Wright, William Faitule and Frederick B. Betts, residents of the city and State of New York, alleging that William S. Ragland, a nonresident of the State of Texas, has effects and credits in the State of Texas and county of "Victoria, and is indebted to your petitioners in the sum of $1001 98-100, exclusive of interest) for this that heretofore, to-wit: in the county of Lauderdale, Mississippi, on the 6th day of April, 1854, he executed his draft or promissory note in effect as follows :…
1Opinion of the CourtWheeler, J.
The petition alleges that the defendant has effects and credits in this State and in the county where the suit was brought. This was sufficient to give the Court jurisdiction. (Ward v. Lathrop, 11 Tex. R. 287.) It was a juris, dictional fact, which it was not necessary the plaintiff should verify by affidavit. (Primrose v. Roder, 14 Tex. R. 1.)
It is not a fatal objection to the affidavit, that it does not state the amount of interest due upon the plaintiffs’ demand. It states the principal sum due, and that is a sufficient compliance with the Statute. The amount of interest was capable of…
2Cited by18 opinions
- Kesler v. LaphamWest Virginia Supreme Court · 1899
- Rowan v. Shapard, Stevens & Co.Court of Appeals of Texas · 1884
- Adams v. Lockwood, Englehart & Co.Supreme Court of Kansas · 1883
- Battle, Heck & Co. v. CarterTexas Supreme Court · 1876
- McGee and Bridges v. CorbinTexas Supreme Court · 1902
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