Wellborn v. Carr
Texas Supreme Court
Appeal from Red River County. The most material facts of this case are stated ia the opinion of the court. made the following points: 1st. The court below erred in overruling the motion made by defendant’s counsel to quash the writ of sequestration issued in this case. The record shows that this writ was issued by the cleric of the court without any authority from the judge.
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Appeal from Red River County. The most material facts of this case are stated ia the opinion of the court. made the following points: 1st. The court below erred in overruling the motion made by defendant’s counsel to quash the writ of sequestration issued in this case. The record shows that this writ was issued by the cleric of the court without any authority from the judge. At that time clerics of courts were authorized by statute to issue writs of attachment only, whilst the power to grant writs of sequestration was given exclusively to the judges. The power to grant the former cannot…
1Opinion of the CourtLipscomb, J.
It will be necessary to the investigation of the points presented for our consideration in this case, to substantially recite the petition or bill of the appellee in the court below. The petition states that David A. Monegan is the guardian of Jesse Carr, a lunatic. That petitioner had been duly appointed guardian by the county court in Marengo county in the state of Alabama, the county of the domicile of the said lunatic, and of his guardian, the petitioner. That proceedings had been instituted fey the said guardian against the said "Wellborn, in the county of Marshall, the county of the…
2Cases cited1 opinion
- Church v. HubbartSupreme Court of the United States · 1804
3Cited by4 opinions
- Hunt v. BP Exploration Co.(Libya) Ltd.District Court, N.D. Texas · 1980
- Justice Life Insurance Company v. WalkerCourt of Appeals of Texas · 1974
- Quinlan's Estate v. SmyeCourt of Appeals of Texas · 1899
- Royal Bank of Canada v. Trentham Corp.District Court, S.D. Texas · 1980