Evans & Martin v. Tucker

Citations

• 59 Tex. 249
• 1 Tex. L. R. 969
• 1883 Tex. LEXIS 143

Syllabus

<p>1. Attachment.— An affidavit for attachment which omits to state that the defendant is justly indebted to the plaintiff, or which states that the debt is due at onetime and the petition states a different time, is fatally defective. A variance between the petition and the affidavit may be reached by plea in abatement, as well as by motion to quash.</p> <p>2. Cases followed.— Gregg v. York, Dallam Dig.; Espy v. Heidenkeimer, 58 Texas, and other cases, cited and followed; and Roberts v. Burke, 6 Ala., 348, approved.</p>