Legal Opinion

Scurlock & Rutledge v. Gulf, Colorado & Santa Fe Railway Co.

Texas Supreme Court

Decided May 27, 1890No. 6630PublishedCited by 12 opinions

Appeal from Johnson. Tried below before Hon. J. M. Hall. On October 25,1885, appellants Scurlock & Rutledge sued in the District Court of Johnson County, Texas, one Doggett and Neely on four promissory notes, aggregating, principal andinterest, $1046.76, and $104.67 attorney fees.

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Appeal from Johnson. Tried below before Hon. J. M. Hall. On October 25,1885, appellants Scurlock & Rutledge sued in the District Court of Johnson County, Texas, one Doggett and Neely on four promissory notes, aggregating, principal andinterest, $1046.76, and $104.67 attorney fees. And on said day the plaintiffs in said suit made an affidavit for an original attachment, and executed an attachment bond complying in every respect with the law governing attachments, and on said day procured the issuance of a writ of attachment. On the 22d day of March, 1887, appellants made an affidavit and…

1Opinion of the Court

COLLARD, Judge.—

On October 25, 1885, Scurlock & Rutledge sued one Doggett and one Neely on four promissory notes, aggregating, principal and interest, $1046.76, and $104.67 attorney fees, and on the same day sued out an original attachment.

Before judgment in the original suit, on the 22d of March, 1887, they applied for and obtained a writ of garnishment against the Gulf, Colorado & Santa Fe Railway Company, making oath that the defendant company was indebted to J. E. Neely, but failing to state in the application that the attachment had been issued or any other ground upon which by law the…

2Cases cited2 opinions

  1. Jemison v. ScarboroughTexas Supreme Court · 1882
  2. Willis v. Lyman, Sears & Co.Texas Supreme Court · 1858

3Cited by12 opinions

  1. Smith v. Texas Co.Texas Commission of Appeals · 1932
  2. Consolidated Gasoline Co. v. Jarecki Mfg. Co.Court of Appeals of Texas · 1934
  3. Citizens' Nat. Bank of Godley v. PollardCourt of Appeals of Texas · 1930
  4. New Amsterdam Casualty Co. v. KeithTexas Commission of Appeals · 1925
  5. Jarecki Manufacturing Co. v. Consolidated Gasoline Co.Texas Supreme Court · 1937

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