Legal Opinion

Gray & Wallace v. Steedman Bros.

Texas Supreme Court

Decided January 21, 1885No. Case No. 4970PublishedCited by 6 opinions

Appeal from Grayson. Tried below before the Hon. Hi chard Haltbie. Appellants begun this suit by attachment in the county court on open account for §493.25. The case was transferred to the district court on account of the disqualification of the county judge. September 3,1881, original answer filed by defendants in district court. May 9, 4883, defendants filed motion to quash the attachment.

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Appeal from Grayson. Tried below before the Hon. Hi chard Haltbie. Appellants begun this suit by attachment in the county court on open account for §493.25. The case was transferred to the district court on account of the disqualification of the county judge. September 3,1881, original answer filed by defendants in district court. May 9, 4883, defendants filed motion to quash the attachment. May 21, 1883, plaintiffs were granted leave for the officer to amend the jurat to the affidavit for attachment. September 25, 1883, defendants’ motion to quash the attachment was sustained, plaintiffs…

1Opinion of the Court

Walker, P. J. Com. App.

Ifc is assigned as error that the court erred in sustaining the defendants’ motion to quash the attachment, the grounds of which will be considered in their order, viz.:

1st. The bond binds J. W. Gray and J. E. Wallace jointly, but not as a firm, nor does it state that they compose a firm.

2d. The principals in the bond have not signed it; the principals, as appearing therefrom, are J. W. Gray and J. E. Wallace, and the bond is not signed by them, but by “ Gray & Wallace.”

The plaintiffs sue on their account as a firm composed of J. W. Gray and J. E. Wallace, doing…

2Cases cited5 opinions

  1. Ryan v. Goldfrank, Frank & Co.Texas Supreme Court · 1883
  2. May v. FerrillTexas Supreme Court · 1858
  3. Arnold v. KreisslerTexas Supreme Court · 1858
  4. Watts v. HardingTexas Supreme Court · 1849
  5. Birdsong & Sledge v. McLarenSupreme Court of Georgia · 1850

3Cited by6 opinions

  1. First Nat. Bank of Jacksonville v. ChildsCourt of Appeals of Texas · 1921
  2. Burge v. Beaumont Carriage CompanyCourt of Appeals of Texas · 1907
  3. Focke v. WatersTexas Supreme Court · 1886
  4. Slaughter v. MortonCourt of Appeals of Texas · 1916
  5. Walden v. LockeCourt of Appeals of Texas · 1932

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