Morgan v. Johnson
Texas Supreme Court
Error from Travis. The suit was on two promissory notes and an account. !
1Opinion of the CourtWheeler, J.
It is objected to the judgment, that the affidavit to obtain the attachment was insufficient, because it does not state the amount of indebtedness. It, however, does state that the defendant is indebted to the plaintiffs “ in the several “ sums of money mentioned ” in the petition; and this, we think, was sufficient. We are not aware that it has ever been held to be necessary, to state the sum in the affidavit, where the sum demanded is thus expressly and definitely stated in the petition, and the party makes oath that that sum is due. The affidavit would not be rendered more certain by…
2Cited by13 opinions
- Hatchett v. ConnerTexas Supreme Court · 1867
- Hill v. CunninghamTexas Supreme Court · 1860
- Kennedy v. MorrisonTexas Supreme Court · 1868
- P. J. Willis & Bro. v. Mooring & BlanchardTexas Supreme Court · 1885
- Burge v. Beaumont Carriage CompanyCourt of Appeals of Texas · 1907
8 more not listed; retrieve them via the Exa API.