Legal Opinion

Sheffield v. Gay

Texas Supreme Court

Decided July 1, 1869PublishedCited by 1 opinion

Error from Guadalupe. Tried below before James F. Miller, Esq., special judge. The facts are sufficiently indicated in the opinion.

1Opinion of the CourtCaldwell, J.

The only question is as to the sufficiency of the affidavit. The cause alleged is, “ that the said Gay is about to transfer his property for the purpose of defrauding his creditors,” 'without adding thereto, “ that, thereby,” the said plaintiff “ will probably lose his debt.” (Art. 142, P. D.)

Upon motion the attachment was quashed, and final judgment entered for the amount of the debt.

This writ rests exclusively upon the statute, and the conditions precedent to its issuance must be strictly complied with. This is the uniform rule of construction, which is evidenced by an unbroken series of…

2Cases cited1 opinion

  1. Chevallier v. WilliamsTexas Supreme Court · 1847

3Cited by1 opinion

  1. Moody & Jamison v. Julius Levy & Co.Texas Supreme Court · 1883

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