Blankenship, Blake & Co. v. Thurman

Citations

• 68 Tex. 671
• 5 S.W. 836
• 1887 Tex. LEXIS 750

Syllabus

<p>1. Attachment.—When claims and bond are filed under the statute to property seized under attachment, the claimant can not object to the action of the court when the property is found to belong to the debtor, in adjudging that it is subject to the attachment.</p> <p>2. Practice—Trial of Right of Property.—When property held under several writs of attachment is claimed by a third party, who files his claim and bond under the statute, the better practice is to institute but one proceeding to try the right of property, and to make each attaching creditor a party thereto. In such a proceeding the equities and priorities of all parties may be adjusted.</p> <p>3. Rules of Court—Index to Transcript.—The amendment to Rule 88 requires, that in the preparation of the transcript in a ease appealed, an index shall be inserted on the first page preceding the caption, giving the name and page of each proceeding, including the name and page of each instrument in writing, and agreement, and the testimony of each witness in the statement of facts, as it appears in the transcript. The index must conform to the order in which each proceeding appears in the transcript, and not alphabetically.</p>