De Caussey & Anderson v. Baily & Pond

Citations

• 57 Tex. 665
• 1882 Tex. LEXIS 196

Syllabus

<p>1. Partnership.— Partnership creditors will not he heard to complain of the application of the partnership assets to the payment of the individual debts of the members of the firm, unless it be made to appear that there is not enough partnership property to satisfy both the creditors of the firm and of the individual members thereof.</p> <p>2. Practice.— When special issues are submitted to a jury, and an issue raised by the pleading is omitted, the party raising it, who failed to ask its submission on the trial, will not be heard to complain for the first time in the supreme court, but will be regarded as having acquiesced in its omission on the trial below.</p> <p>3. Pleading.— When the ground for attachment is sufficiently set forth in the affidavit, a general prayer in the petition for “process ” is sufficient to authorize the issuance of the writ. The. writ becomes a matter of right on the filing of the proper affidavit and bond required by the statute.</p> <p>4. Attachment bond.— An attachment bond made payable to a firm in the partnership name is sufficient when the suit is against the firm in the firm name.</p>