Culbertson v. Cabeen
Texas Supreme Court
Error from Austin. The case was tried before Hon. George W. Smith, one of the district judges. On the 23d December, 1858, James Culbertson executed his note, due at one day, to Cabeen & Jarman, for $1,098 14, and on the same day his other note, to the same parties, for $124 05, due at four months; and on the next day he executed his third note, to the same parties, for $2,036 68, due at six months.
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Error from Austin. The case was tried before Hon. George W. Smith, one of the district judges. On the 23d December, 1858, James Culbertson executed his note, due at one day, to Cabeen & Jarman, for $1,098 14, and on the same day his other note, to the same parties, for $124 05, due at four months; and on the next day he executed his third note, to the same parties, for $2,036 68, due at six months. On the 18th April, 1859, the plaintiff filed his petition and affidavit for attachment, gave bond,.and sued out the process of attachment. There is a remark in the opinion to the effect that the…
1Opinion of the CourtCoke, J.
It is not necessary to invoke the rigid scrutiny which uniformly obtains in passing upon proceedings by attachment to lead to the conclusion that the court erred in overruling the motion to quash the attachment in this case.
The affidavit for attachment, which is the basis and ground-work of the proceedings, is so fundamentally defective, that the fourth assignment in the motion to quash, general and indefinite as it is, reaches and sufficiently presents it. The affidavit is sufficiently formal and correct, except in that part which attempts to set forth the ground *253on which the attachment was…
2Cases cited2 opinions
- Hopkins v. NicholsTexas Supreme Court · 1858
- Wiley v. TraiwickTexas Supreme Court · 1855
3Cited by49 opinions
- Gimbel & Son v. J. Gomprecht & Co.Texas Supreme Court · 1896
- Evans v. McKayCourt of Appeals of Texas · 1919
- Cobb v. JohnsonTexas Supreme Court · 1908
- Webb v. Cooks', Waiters' & Waitresses' Union, No. 748Court of Appeals of Texas · 1918
- Mitchell v. Silver Lake LodgeOregon Supreme Court · 1896
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