Legal Opinion

Chevallier v. Williams

Texas Supreme Court

Decided December 15, 1847PublishedCited by 5 opinions

This suit was commenced in the county of Galveston by Henry H. Williams & Co., the appellees, against Ohevallier,, the appellant, to recover the amount alleged to be due on a promissory note. The plaintiffs below, having made the oath required by the statute, that the defendant was about to remove his property beyond the republic, whereby he would probably lose his debt, procured an attachment to be issued and levied on sixty-nine bales of cotton belonging to the defendant.

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This suit was commenced in the county of Galveston by Henry H. Williams & Co., the appellees, against Ohevallier,, the appellant, to recover the amount alleged to be due on a promissory note. The plaintiffs below, having made the oath required by the statute, that the defendant was about to remove his property beyond the republic, whereby he would probably lose his debt, procured an attachment to be issued and levied on sixty-nine bales of cotton belonging to the defendant. After the levy of the attachment, and before the trial of the cause, an order was obtained from the district judge to…

1Opinion of the Court

Hr. Justice LipscoMB

delivered the opinion of the court, Mr. Justice Wheeler not sitting in the cause.

The appellant contends that the court erred in sustaining the plaintiffs’ demurrer to the pleas in abatement.

The 5th section of the act to establish the jurisdiction and powers of the district courts, acts 1836, provides that

“No person shall be sued out of the county in which he may reside except in the following cases;” the statute then designates ten exceptions which need not be recited, as the present action very clearly does not come within any of them. And it is beyond controversy that…

2Cases cited1 opinion

  1. Cloud v. SmithTexas Supreme Court · 1846

3Cited by5 opinions

  1. Ex Parte BrooksCourt of Criminal Appeals of Texas · 1982
  2. Sheffield v. GayTexas Supreme Court · 1869
  3. Parsons v. StateCourt of Criminal Appeals of Texas · 1968
  4. Parsons v. StateCourt of Criminal Appeals of Texas · 1968
  5. Whitley v. JacksonCourt of Appeals of Texas · 1882

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